Economic Times: New Delhi: Thursday, September
06, 2018.
The Central Information Commission (CIC)
plans to make clear its objections against recommendations made by the BN
Srikrishna committee on data protection on the grounds that they infringe upon
the freedom of speech, undermine the Right to Information (RTI) Act and could
prevent the exposure of corruption. The Srikrishna panel’s draft Personal Data
Protection Bill was released at the end of July for public comments.
The CIC was established in 2005 under the
RTI Act, which is aimed at holding government accountable by allowing
individuals to submit information requests. The full CIC had discussed the
proposals at a meeting on August 28, people who were present at the meeting
told ET.
“The draft bill undermines the RTI Act
and proposes curbs on information, which should ideally be in public domain,”
said one of them. “It can easily be misused and put curbs as serious as
thoseinformation commissioner M Sridhar Acharyulu, who has been vocal about his
opposition to the draft. Acharyulu had brought the Srikrishna committee’s
recommendations to the notice of the commission and had asked chief information
commissioner RK Mathur for a discussion on the matter.
The Srikrishna committee’s report has
generated a mixed response, with some welcoming its recommendations as being
protective of privacy while others have said they undermine it or don’t do
enough.
Information commissioners made the point
at their meeting that the draft infringes on the right to freedom of speech and
expression enshrined in the constitution, said the person cited above.
Personal data and information should be
made public when relevant to upholding the public good, the commissioners
argued. Still, some participants were hesitant about conveying their objections
at this stage. “There was a view that the bill has not been finalised and the
CIC need not step in now,” said the person cited above. “But other information
commissioners weighed in and said the intervention should come immediately and
the commission should make its opposition known.”
Reservations were also expressed about
the so-called right to be forgotten, which gives an individual the power to
restrict or prevent the disclosure of personal information by a data fiduciary.
“In criminal cases the politician can
invoke this right,” an information commissioner is said to have pointed out.
“But if an RTI applicant seeks this information on past criminal cases against
the politician, this is in the public good. There are clear internal conflicts
between the two laws.”
The CIC will dedicate a session to ‘Data
Protection Bill and RTI’ at its annual convention in October, reflecting its
concerns over the proposals.
Observers said this will be a first as
the transparency watchdog has traditionally steered clear of controversies or
the legislative agenda of the Centre during its annual convention.
It generally discusses technical aspects
of the RTI Act, disposal and pendency before state commissions during these
meetings. implemented during the Emergency.” The task of drawing up the
commission’s response has been entrusted to.