Data Protection Act vs. Right to Information

 

Digital Personal Data Protection Act, 2023: Understand the purpose and key provisions of this Act, particularly Section 44(3).

Right to Information (RTI) Act: Understand the purpose and principles of the RTI Act and its role in promoting transparency and accountability.

Conflict/Overlap: Analyze the alleged conflict or overlap between specific sections of the Data Protection Act and the RTI Act.

Section 44(3): Specifically understand the implications of this section as it potentially overrides aspects of the RTI Act.

Data Fiduciary: Understand the definition and potential implications of classifying journalists, activists, and political parties as data fiduciaries under the new Act.

Data Protection Board: Understand the composition and powers of this board, particularly its ability to impose significant fines.

Impact on Information Access: Evaluate the potential "chilling effect" of the Data Protection Act on individuals and organizations seeking information.

Government Oversight and Control: Consider the concerns raised regarding government influence over data access and information disclosure.

Transparency and Accountability: Analyze how the interplay between these two Acts might affect government transparency and accountability.

Legislative Process and Debate: Understand the context of the statements made in the Lok Sabha and the nature of the concerns being raised.

1. Digital Personal Data Protection Act, 2023 - Purpose

What is the primary objective of the Digital Personal Data Protection Act, 2023?

(a) To regulate the collection, storage, and processing of personal data
(b) To promote transparency and accountability in government operations
(c) To regulate media content on digital platforms
(d) To monitor the financial transactions of companies

Explanation:

• The Digital Personal Data Protection Act, 2023 aims to protect individuals' personal data and regulate how organizations collect, store, and process it.

• It provides individuals the right to data privacy while holding organizations accountable for misuse or breach of data.

• The Act does not primarily focus on promoting government transparency, which is the focus of the RTI Act.
  Thus, the correct answer is (a) To regulate the collection, storage, and processing of personal data.

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2. Conflict Between DPDP Act and RTI Act

Which section of the Digital Personal Data Protection Act, 2023, has been criticized for potentially undermining the Right to Information (RTI) Act?

(a) Section 21(2)
(b) Section 34(1)
(c) Section 42(3)
(d) Section 44(3)

Explanation:

• Section 44(3) of the DPDP Act allows data protection provisions to override certain aspects of the RTI Act.

• This has raised concerns that it may restrict public access to information, particularly concerning defaulters or government-related data.

• Critics argue that this weakens the spirit of the RTI Act, which promotes transparency and accountability.
  Thus, the correct answer is (d) Section 44(3).

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3. Data Fiduciary in DPDP Act

Under the Digital Personal Data Protection Act, 2023, which of the following can be classified as a Data Fiduciary?

1. Journalists

2. Activists

3. Political parties

4. Social media platforms

Select the correct answer using the codes below:
(a) 1 and 2 only
(b) 3 and 4 only
(c) 1, 2, and 3 only
(d) All of the above

Explanation:

• The Act defines Data Fiduciaries as entities that determine the purpose and means of processing personal data.

• Journalists, activists, and political parties can be classified as Data Fiduciaries if they handle or process personal data.

• Social media platforms, as large-scale processors of personal data, are also considered Data Fiduciaries.
  Thus, the correct answer is (d) All of the above.

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4. Penalty Provisions Under DPDP Act

According to the Digital Personal Data Protection Act, 2023, what is the maximum penalty that can be imposed by the Data Protection Board for non-compliance?

(a) ₹10 crore
(b) ₹100 crore
(c) ₹250 crore
(d) ₹500 crore

Explanation:

• The Data Protection Board of India is empowered to impose penalties for non-compliance with the DPDP Act.

• The penalty can go up to ₹500 crore depending on the severity of the violation.

• This has been criticized for creating a chilling effect on journalists, activists, and others who might face punitive actions.
  Thus, the correct answer is (d) ₹500 crore.

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5. Balancing Right to Privacy and Transparency

Which constitutional article provides the Right to Information to citizens, which is perceived to be undermined by certain provisions of the DPDP Act?

(a) Article 14
(b) Article 19(1)(a)
(c) Article 21
(d) Article 32

Explanation:

• Article 19(1)(a) guarantees the Right to Freedom of Speech and Expression, which includes the Right to Information (RTI).

• The RTI Act, 2005 operationalizes this right by empowering citizens to seek information from public authorities.

• Concerns regarding the DPDP Act highlight a potential imbalance between the Right to Privacy (protected under Article 21) and the Right to Information.
  Thus, the correct answer is (b) Article 19(1)(a).