The Supreme Court granted the Centre two weeks to respond to petitions challenging amendments to the Right to Information (RTI) Act made through the Digital Personal Data Protection (DPDP) Act
Section 44(3) of DPDP Act had amended the RTI Act to facilitate public authorities to refuse information on the ground that the details sought was of a “personal” nature. (1)(j) of the deals with exemption from disclosure of personal information.
This CurrentPulse analysis synthesizes unique exam-relevant inputs from the following sources.
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Prelims: Polity & Governance — institutions, terminology and factual features connected with the development.
Mains: GS-2 — contemporary application of the relevant syllabus theme.
Current–static link: Revise the underlying institution, policy or concept together with this development.
Srikrishna Committee to develop a data protection framework for India.
Scope: It applies to the processing of digital personal data within India where such data is collected online, or collected offline and is digitised.
It also applies to such processing outside India, if it is for offering goods or services in India.
Section 8(1)(j) of the RTI Act deals with exemption from disclosure of personal information.
The earlier provision exempted only limited categories of personal information and incorporated a public interest test.
The amended provision broadly exempts all personal information from disclosure, thereby restricting access to information protected under Articles 19 and 21 of the Constitution.
Question Before SC: The court said both the DPDP Act and the RTI Act were central legislations.
There was a need to actually harmonise them.
The court would examine if this restrictive or “cautionary approach” to sharing data under the DPDP Act worked to repeal earlier transparency legislations.
About Digital Personal Data Protection Act, 2023
The Supreme Court granted the Centre two weeks to respond to petitions challenging amendments to the Right to Information (RTI) Act made through the Digital Personal Data Protection (DPDP) Act.
Background: Section 44(3) of DPDP Act had amended the RTI Act to facilitate public authorities to refuse information on the ground that the details sought was of a “personal” nature.
Distinguish the immediate development from the permanent mandate or structure of the institution concerned.
Revise exact names, dates, locations and legal or institutional terms from the source points; do not infer facts not stated there.
Examine the significance of “SC Seeks Govt’s Reply on Pleas Against RTI Changes through DPDP Act”. Discuss its key implications and the way forward.
Begin with the immediate development and identify the central institution or policy issue.
End with a balanced, institutionally feasible way forward without making claims beyond the available evidence.