On September 29, media reports indicated that NITI Aayog raised objections to certain provisions of the proposed law, specifically highlighting concerns related to the amendments affecting the Right to Information (RTI) Act. The opposition came in the backdrop of protests and pushback from the civil societies.
The proposed data protection law includes an amendment to a section of the RTI Act, which critics argue could “weaken” the legislation by limiting access to personal information, even when it serves the larger public interest.
On January 16, 2023, Niti Aayog formally written to the Ministry of Electronics and Information Technology (MeitY) urging the government to not proceed in its current form and suggested fresh opinion to be sought, according to the report as part of an RTI application. “The revelation only reaffirms what civil society organisations have been saying through consultations and their objections. It’s a disservice to the nation that the DoPT omitted to object. Disclosures under the RTI Act didn’t constitute an invasion of privacy as sufficient safeguards were built in the statute,” said Mishi Choudhary, Founder, Software Freedom Law Centre India (SFLC.in)
DPDP Act, which is still nowhere close to implementation, has been used as an excuse to weaken the RTI ACT, a powerful tool on keeping the government accountable.Mishi Choudhary, Founder, Software Freedom Law Centre India (SFLC.in).
The suggestion was in part of the then ongoing inter-ministerial consultations, and laws was still at its nascent stage. The bill was passed in parliament in August 2023, receiving President assent in the same month. “The Puttusami judgment is clear on no Private data be shared without consent. Thus the Digital Personal Data Protection Act (DPDPA) has been cleared in August 2023,” said Aruna Sharma, Former Secretary, MEITY.The objection was raised by NITI Aayog regarding the proposed amendment to Section 8(1)(j) of the Right to Information Act, 2005. This provision prevents public authorities from sharing anyone’s personal information, except in cases where a larger public interest is involved.
“RTI act also have restriction on putting personal data to non concerned. Hence, the information sought for relates to the personal information of a third party, the disclosure of which has no relationship to any public interest and would cause an unwarranted invasion of the privacy of the third party is already exempted under Section 8(1)(j) of the RTI Act 2005,” she adds.
However, The disclosure on the ground on public interest was done away with. The government think-tank found the amendment to take away the power of the Public Information Officer.
Personal privacy can’t be compromised hence DPDPA is in sync with all. The concern is invasion in personal data by multiple authorities without consent needs relook.Aruna Sharma, Former Secretary, MEITY.
The law is yet to be enforced as the corresponding rules are still awaited.
