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05 Aug 2023

DATA-PROTECTION-BILL-AND-RTI-ACT

DATA-PROTECTION-BILL-AND-RTI-ACT

DATA PROTECTION BILL AND RTI ACT: HOW IT AFFECTS YOUR PRIVACY AND RIGHT TO INFORMATION

 

INTRODUCTION

There's a new bill called the Digital Personal Data Protection (DPDP) Bill that aims to protect your personal information online. But some people are worried it could also weaken the Right to Information (RTI) Act, which helps you access important government information. Let's take a closer look at what this means for you.

THE DPDP BILL

The DPDP Bill is all about safeguarding your personal data from misuse by companies and the government. It wants to give you more control over your information and keep it safe from unauthorized access. The bill sets up a special authority to make sure these rules are followed and to resolve any issues related to data protection.

THE RIGHT TO INFORMATION ACT (RTI ACT)

The RTI Act is a powerful tool that allows you to ask the government for information about its actions and decisions. It's a way to promote transparency and make sure those in power are held accountable for their actions. The RTI Act empowers you to access public information, including your personal data that the government holds.

THE CONCERNS

Some people, like the National Campaign for Peoples’ Right to Information (NCPRI), are worried that the DPDP Bill might have unintended consequences on your right to information. They say the bill might "severely restrict the scope" of the RTI Act, making it harder for you to access vital information from the government.

WHAT WORRIES NCPRI

  1. Exempting Personal Information: The DPDP Bill proposes to exempt all personal information from disclosure under the RTI Act. This means the government could deny sharing personal data, even if it's related to public activities or interests. Currently, there are exceptions that allow for disclosure, but the new proposal would remove those exceptions.

Example: Imagine you want to know how much money the government spent on a particular project, which could affect your community. Under the current RTI Act, you have the right to access this information. However, if the DPDP Bill is passed as proposed, the government might deny sharing such data, citing the exemption of all personal information. This could limit your ability to hold the government accountable for its spending decisions.
  1. Misinterpretation of RTI Law: The DPDP Bill seems to misunderstand the RTI Act. It wants to change a specific part of the law but does not consider that the same rule applies to the whole RTI Act. This could lead to confusion and problems in accessing information.

Example: The DPDP Bill attempts to amend a specific part of the RTI Act but seems to overlook that the same rule applies to the entire Act. For instance, the current RTI Act ensures that information accessible to Parliament or State Legislatures should not be denied to any citizen. However, the DPDP Bill interprets it as only applicable to a specific section, causing confusion and potential challenges in accessing various government-related data.
  1. Impacts on Public Disclosures: The NCPRI is worried that if the DPDP Bill is implemented as proposed, it could hinder the release of crucial information that's essential for welfare programs and schemes, affecting your right to know about government initiatives that affect you.

Example: Many welfare programs and schemes rely on granular information, including personal data, to reach their beneficiaries effectively. Suppose the DPDP Bill's proposed changes create hurdles in disclosing such information to the public. In that case, it could undermine the transparency and accountability of these initiatives, leaving citizens unaware of their rights and entitlements.
  1. Wide Discretionary Powers: The DPDP Bill could give the government too much power over the rules and oversight related to data protection. This might affect how transparent and independent the data protection mechanism is.

Example: The DPDP Bill grants the government significant discretionary powers in making rules and overseeing data protection. If this authority is not appropriately balanced and independent, it could lead to potential misuse and compromise citizens' privacy rights while affecting the data transparency mechanism.

CONCLUSION

The DPDP Bill is important for protecting your personal information from misuse, but we must also ensure that it doesn't weaken your right to access information through the RTI Act. Striking the right balance is crucial, and lawmakers need to address the concerns raised by organizations like NCPRI. As citizens, it's essential to be aware of these developments and advocate for a system that protects both your privacy and your right to know about government activities that affect you. Stay informed, and let your voice be heard in this matter!

 

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Article Compiled by:-

Mayank Garg

(LegalMantra.net Team)

+91 9582627751

Disclaimer: Every effort has been made to avoid errors or omissions in this material in spite of this, errors may creep in. Any mistake, error or discrepancy noted may be brought to our notice which shall be taken care of in the next edition In no event the author shall be liable for any direct indirect, special or incidental damage resulting from or arising out of or in connection with the use of this information Many sources have been considered including newspapers, Journals, Bare Acts, Case Materials , Charted Secretary, RBI etc.