AP7am: Ahmedabad: Wednesday, March 26, 2025.
The ongoing debate surrounding the Right to Information (RTI) Act in India has intensified due to recent amendments proposed in the Digital Personal Data Protection Act (DPDPA) of 2023. Critics, including Congress leader Jairam Ramesh, argue that Section 44(3) of the DPDPA undermines the RTI Act by effectively eliminating key provisions that guarantee citizens the right to access information equivalent to that of legislators.
Key Issues
Amendment Details:
Section 44(3) seeks to amend Section 8(1)(j) of the RTI Act, which currently allows for the denial of information that relates to personal privacy unless public interest justifies its disclosure. The proposed change would replace this with a broader exemption for "information which relates to personal information," thereby removing existing safeguards that allow for transparency in cases of public interest.
Impact on RTI:
Activists and former information commissioners have expressed concerns that this amendment could transform the RTI into a "Right to Deny" for public authorities, making it easier for them to refuse requests under vague privacy concerns. This change is seen as part of a broader trend during the Modi administration, which critics describe as hastening the "slow death" of the RTI Act.
Current Developments
Jairam Ramesh's Letter:
On March 23, 2025, Congress MP Jairam Ramesh wrote to IT Minister Ashwini Vaishnaw, urging the government to "pause, review and repeal" Section 44(3) of the DPDPA. Ramesh argued that this section effectively nullifies the provisions of Section 8(1)(j) of the RTI Act, which grants citizens equal access to information as legislators. He stressed that the proposed changes would lead to a significant reduction in transparency and accountability in governance.
Concerns from Civil Society:
Over 30 civil society organizations have echoed Ramesh's concerns, stating that the amendments create a blanket prohibition on disclosing personal information, even when it serves the public interest. This change is seen as a threat to the effectiveness of the RTI Act, which has been crucial for social audits and exposing corruption.
Government's Defense:
The government defends these changes by citing the Supreme Court's recognition of privacy as a fundamental right. However, critics argue that the original RTI Act already contained sufficient safeguards to protect personal privacy while ensuring transparency.
Public Reaction:
The reaction from various stakeholders indicates a growing apprehension that the RTI Act is being transformed into a "Right to Deny Information." Activists are concerned that this shift undermines years of progress in promoting government accountability and citizen empowerment through access to information.
These developments highlight a critical juncture for the RTI Act as it approaches its 20th anniversary in 2025. The ongoing discussions and potential legislative actions will significantly impact citizens' rights and governmental transparency in India. As civil society organizations and political leaders continue to advocate for preserving the integrity of the RTI Act, it remains essential for citizens to stay informed and engaged in this crucial democratic issue.
The ongoing debate surrounding the Right to Information (RTI) Act in India has intensified due to recent amendments proposed in the Digital Personal Data Protection Act (DPDPA) of 2023. Critics, including Congress leader Jairam Ramesh, argue that Section 44(3) of the DPDPA undermines the RTI Act by effectively eliminating key provisions that guarantee citizens the right to access information equivalent to that of legislators.
Amendment Details:
Section 44(3) seeks to amend Section 8(1)(j) of the RTI Act, which currently allows for the denial of information that relates to personal privacy unless public interest justifies its disclosure. The proposed change would replace this with a broader exemption for "information which relates to personal information," thereby removing existing safeguards that allow for transparency in cases of public interest.
Impact on RTI:
Activists and former information commissioners have expressed concerns that this amendment could transform the RTI into a "Right to Deny" for public authorities, making it easier for them to refuse requests under vague privacy concerns. This change is seen as part of a broader trend during the Modi administration, which critics describe as hastening the "slow death" of the RTI Act.
Current Developments
Jairam Ramesh's Letter:
On March 23, 2025, Congress MP Jairam Ramesh wrote to IT Minister Ashwini Vaishnaw, urging the government to "pause, review and repeal" Section 44(3) of the DPDPA. Ramesh argued that this section effectively nullifies the provisions of Section 8(1)(j) of the RTI Act, which grants citizens equal access to information as legislators. He stressed that the proposed changes would lead to a significant reduction in transparency and accountability in governance.
Concerns from Civil Society:
Over 30 civil society organizations have echoed Ramesh's concerns, stating that the amendments create a blanket prohibition on disclosing personal information, even when it serves the public interest. This change is seen as a threat to the effectiveness of the RTI Act, which has been crucial for social audits and exposing corruption.
Government's Defense:
The government defends these changes by citing the Supreme Court's recognition of privacy as a fundamental right. However, critics argue that the original RTI Act already contained sufficient safeguards to protect personal privacy while ensuring transparency.
Public Reaction:
The reaction from various stakeholders indicates a growing apprehension that the RTI Act is being transformed into a "Right to Deny Information." Activists are concerned that this shift undermines years of progress in promoting government accountability and citizen empowerment through access to information.
These developments highlight a critical juncture for the RTI Act as it approaches its 20th anniversary in 2025. The ongoing discussions and potential legislative actions will significantly impact citizens' rights and governmental transparency in India. As civil society organizations and political leaders continue to advocate for preserving the integrity of the RTI Act, it remains essential for citizens to stay informed and engaged in this crucial democratic issue.
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