INDIA Bloc urges repeal of RTI Amendment, calls it blow to transparency

The Opposition Indian National Developmental Inclusive Alliance (INDIA) has demanded the repeal of Section 44(3) of the Digital Personal Data Protection (DPDP) Act, 2023, which amends Section 8(1)(j) of the Right to Information (RTI) Act. The amendment exempts all personal information from disclosure, removing earlier provisions that allowed access if it served public interest or was related to public activity.

At a joint press conference, several leaders from the INDIA bloc, including Congress MP Gaurav Gogoi, said over 100 lawmakers have signed a petition addressed to Union Minister of Electronics and Information Technology Ashwini Vaishnaw. The signatories include Rahul Gandhi, Akhilesh Yadav, Priyanka Chaturvedi, Supriya Sule, and representatives from DMK, CPI(M), RJD, and others. The petition warns that the change "poses a serious risk of undermining people’s ability to access critical information under the RTI Act."

The amendment introduced through the DPDP Act overrides the existing Section 8(1)(j), which previously permitted withholding of personal data only if it was unrelated to public interest or would cause an unwarranted invasion of privacy. Even then, disclosure was possible if a larger public interest was established. The petition argues that the DPDP Act removes this public interest test and imposes a blanket ban on access to personal data, limiting transparency.

Union Minister Ashwini Vaishnaw responded to the petition by stating that the law ensures a balance between the right to information and the right to privacy. He said the DPDP Act was created after consulting civil society and undergoing parliamentary scrutiny. Vaishnaw cited Section 3 of the Act, which specifies that it does not apply to personal data made public by legal obligation, including data under welfare laws like the Mahatma Gandhi National Rural Employment Guarantee Act.

The INDIA bloc’s letter stated that "the legal framework for privacy and data protection should complement the RTI Act and in no way undermine or dilute it." The petition emphasizes that the DPDP Act in its current form could impact the ability of journalists, civil society, and citizens to access information about public authorities, thereby weakening accountability mechanisms built into the RTI framework.