RTI vs DPDP: A Constitutional Crossroads for Transparency and Privacy

 

RTI vs DPDP: A Constitutional Crossroads for Transparency and Privacy

✨ Why This Issue Matters for UPSC Aspirants

The referral by the Supreme Court of India of petitions challenging the amendment to Section 8(1)(j) of the RTI Act via the DPDP Act, 2023 is not just a legal development — it touches the heart of democratic accountability, privacy, governance, and press freedom. This makes it highly relevant for:

• GS Paper II (Polity & Governance)

• Essay Paper

• Ethics (GS IV) — transparency vs privacy dilemma

• Prelims — conceptual clarity on RTI exemptions

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📜 Background: RTI Act, 2005

The RTI Act was enacted to:

✅ Promote transparency

✅ Ensure accountability

✅ Reduce information asymmetry

✅ Empower citizens

🔐 Original Section 8(1)(j)

Allowed withholding of personal information only if:

• No relation to public activity/public interest OR

• Disclosure causes unwarranted invasion of privacy

🚨 But importantly:

It contained a Public Interest Override → Information could still be disclosed if larger public interest justified it.

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💻 What Changed Under DPDP Act, 2023?

Through Section 44(3), the amendment:

❌ Removes the public interest override

❌ Prohibits disclosure of “any information which relates to personal information”

⚠️ Critics argue this creates a blanket exemption.

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⚖️ Constitutional Sensitivity Recognised

The Chief Justice observed that the Court may need to define:

👉 What constitutes “personal information”?

This signals potential clarification of:

• Right to Information (Article 19(1)(a))

• Right to Privacy (Article 21)

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🧩 Key Concerns Raised

1️⃣ Dilution of Transparency

Possible denial of RTI requests relating to:

• Public officials’ records

• Procurement decisions

• Audit reports

• Public spending

➡️ Risk: Shielding governance from scrutiny

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2️⃣ “Legitimate Uses” Paradox

Highlighted by Internet Freedom Foundation:

• DPDP Section 7 → Govt may process personal data without consent

• RTI Amendment → Citizens blocked from accessing similar data

🧠 Interpretation:

State power ↑

Citizen oversight ↓

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3️⃣ Impact on Journalism & Press Freedom

Concerns include:

• Journalists may be treated as data fiduciaries

• Non-compliance fines up to ₹250 crore

• Potential chilling effect

➡️ Fear: Investigative journalism discouraged

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4️⃣ Comparative Perspective

GDPR (EU):

✔ Balances privacy & transparency

✔ Protects journalistic activities

➡️ Debate: Should India adopt similar safeguards?

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🏛️ Relevant Judicial Precedent

Central Public Information Officer (2019)

Held:

🧾 Personal information protected

⚖️ Disclosure allowed if larger public interest

➡️ Amendment appears to shift balance toward privacy

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🎯 UPSC Exam Relevance

📝 Possible Prelims MCQ Themes

• RTI exemptions

• Personal information vs public interest

• Privacy vs transparency

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📚 GS Paper II

Questions may explore:

• Tension between RTI & DPDP

• Constitutional principles

• Democratic accountability