Section 44(3) of Digital Personal Data Protection Act, 2023
Section 44(3) of the Digital Personal Data Protection (DPDP) Act, 2023, amends the Right to Information (RTI) Act, 2005, by modifying its Section 8(1)(j).
This amendment significantly changes the balance between the right to privacy and the public's right to information by establishing a broad exemption for "personal information" from disclosure.
The Text of Section 44(3)
Section 44(3) of the DPDP Act literally substitutes the original clause (j) in sub-section (1) of Section 8 of the RTI Act with the following new clause:
"(j) information which relates to personal information;"
Key Change and Implications
The original Section 8(1)(j) of the RTI Act allowed the withholding of personal information only if its disclosure would cause an unwarranted invasion of privacy and there was no larger public interest that justified disclosure.
The amendment introduced by Section 44(3) has the following implications:
- Removal of the "Larger Public Interest" Clause: The critical "public interest override" clause has been removed. This means that a Public Information Officer can now deny access to any information simply by classifying it as "personal information," without needing to weigh whether a greater public good is served by its disclosure.
- Blanket Exemption: This creates a broad, blanket exemption for personal data, even if the information concerns public officials' salaries, assets, or details of welfare scheme beneficiaries where public accountability is essential.
- Controversy: RTI activists and opposition leaders have strongly criticized this amendment, arguing that it dilutes the transparency framework of the RTI Act and could be misused to hide corruption or governmental misconduct behind the pretext of privacy protection.
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