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In Focus by The Hindu
How does Section 44(3) of the DPDP Act weaken the RTI?
Apr 3, 2025
Anjali Bhardwaj, a leading advocate for citizens' right to information, discusses how Section 44(3) of the DPDP Act threatens the Right to Information Act in India. She outlines the tension between privacy and transparency, explaining how the new regulations could erode public accountability. Bhardwaj highlights potential consequences for journalists facing penalties for accessing essential information and warns how marginalized communities might suffer from reduced access to governance data. The conversation emphasizes the urgent need for public discourse surrounding these changes.
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Quick takeaways
- Section 44(3) of the DPDP Act undermines the RTI Act by broadly defining personal information, restricting citizens' access to vital public data.
- The new obligations imposed on journalists as data fiduciaries may severely hinder investigative journalism, threatening both free speech and accountability.
Deep dives
Impact of Section 44.3 on the Right to Information Act
The introduction of Section 44.3 of the Digital Personal Data Protection Act poses a significant threat to the Right to Information (RTI) Act, which was established to promote government accountability and transparency. This provision eliminates the nuanced exemptions previously defined in Section 8.1 of the RTI Act, which balanced the public's right to information with individual privacy rights. Activists emphasize that this amendment effectively prohibits citizens from accessing any information deemed personal, thereby stifling transparency, particularly in areas crucial for public accountability like loan write-offs and government contracts. As a result, vital information that was historically accessible through RTI requests will likely become completely restricted, depriving citizens of an essential tool for holding authorities accountable.
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