Section 44(3) of the Digital Personal Data Protection (DPDP) Act

INSIGHTS IAS: New Delhi: Sunday, March 30, 2025.
Context: Activists and Opposition leaders have raised alarm over Section 44(3) of the Digital Personal Data Protection (DPDP) Act, 2023, citing threats to transparency under the Right to Information (RTI) Act, 2005.

About Section 44(3) of the Digital Personal Data Protection (DPDP) Act:
What is Section 44(3)?

• This clause amends Section 8(1)(j) of the RTI Act to restrict disclosure of personal information, removing earlier safeguards like public interest tests and legislative access exceptions.

Features of the Clause:
Replaces the original wording with a broader exemption:

• “(j) information which relates to personal information.”

Removes clauses that:

• Balanced privacy with public interest,
• Allowed disclosure if information was relevant to public activity,
• Mandated non-denial of info to citizens if not denied to Parliament.

Why It’s Controversial?

• It expands the scope of denial under RTI.

About Section 8(1)(j) of the Right to Information (RTI) Act, 2005:
What is Section 8?

• Lists exemptions where public authorities can refuse disclosure of certain information.

Key Exemptions under Section 8(1):

1. National security and sovereignty (Clause a)
2. Judicial restrictions or contempt of court (Clause b)
3. Parliamentary privilege (Clause c)
4. Commercial confidence or IP (Clause d)
5. Fiduciary relationships (Clause e)
6. Foreign government communications (Clause f)
7. Threat to life or safety of informants (Clause g)
8. Ongoing investigations (Clause h)
9. Cabinet deliberations (Clause i)
10. Personal information with public interest override (Clause j)

Impact of DPDP’s Section 44(3) on RTI Act’s Section 8(1)(j):

• Dilutes transparency by eliminating the public interest balancing clause.
• Hampers access to key data on public officials’ assets, salaries, and misconduct cases.
• Overrides judicial precedents that interpreted Section 8(1)(j) in favour of public disclosure.
• May lead to blanket denials of legitimate information requests, weakening democratic accountability.