Data Protection Act could weaken RTI: NITI Aayog warns
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New Delhi: The NITI Aayog, a think tank run by the Centre, has questioned the provisions of the Digital Personal Data Protection Act that proposes to amend the Right to Information Act, Scroll reported citing The Indian Express.
The newspaper, citing a response to its Right to Information query, reported that NITI Aayog had urged the Ministry of Electronics and Information Technology in writing on January 16, 2023 not to pass the law in its current form saying that it could weaken the Right to Information Act.
The Parliament passed the Digital Personal Data Protection Bill, 2023 in August 2023 with President Droupadi Murmu giving her assent to it on Saturday. Rules under the Act are waiting to be notified.
Activists and experts expressed concern over the law undermining the Right to Information Act as the Digital Personal Data Protection Act amends 8(1)(j) of the Right to Information Act, Scroll reported.
Section 8(1)(j) stops a public authority from sharing somebody’s personal information if the disclosure is not related to any public activity or interest, or in the event of causing an unwarranted invasion of that person's privacy. However, it can be permitted if it is linked to a larger public interest.
Clause 44(3) of the Data Protection Act amends Section 8(1)(j) of the Right to Information Act preventing a public authority divulging any personal information.
NITI Aayog objected to Clause 44(3), claiming that the amendment will remove the power of the Public Information Officers, causing to ‘weaken the RTI Act,’ according to the report.
A senior official was quoted as saying that recommendations were not accepted as the Department of Personnel and Training, which is the implementation agency of the Right to Information Act, had not expressed concern over the amendment to the Act.