Union IT Minister Ashwini Vaishnaw has firmly rejected Congress leader Jairam Ramesh’s claims that the Digital Personal Data Protection Act, 2023 undermines the Right to Information Act.
In a detailed letter, Vaishnaw clarified that the Data Protection Act is in full harmony with the principles of transparency laid out in the RTI Act, 2005, and does not override citizens’ right to information.
The minister’s response came after Jairam Ramesh urged the government to “pause, review and repeal” Section 44(3) of the Data Protection Act, which he claimed would override the proviso in Section 8(1)(j) of the RTI Act.
According to Ramesh, this would severely weaken the public’s access to information, especially about elected representatives.
Vaishnaw, however, stated that the new Act carefully balances the right to privacy with the need for transparency in public life. He referenced the landmark Puttaswamy judgment by the Supreme Court, which affirmed the right to privacy as a fundamental right under Article 21 of the Constitution.
He stressed that this right is intrinsically linked to the protection of personal data and must coexist with the public's right to information.
The minister noted that Section 3 of the Data Protection Act exempts personal data already made public by individuals under any legal obligation.
He assured that data related to welfare programmes like MGNREGA and information mandated to be disclosed under laws concerning public representatives would continue to be accessible under the RTI framework.
Vaishnaw emphasised that extensive consultations were held before finalising the legislation, including engagement with civil society groups and parliamentary forums.
These discussions, he said, focused on ensuring that the law would uphold both privacy rights and the need for openness in governance.
Jairam Ramesh had earlier raised concern over the revised language of Section 8(1)(j) in the RTI Act, arguing that the amendment, as suggested by the Data Protection Act, could delete crucial provisions enabling citizen access to personal information of public interest.
He said that the original clause already provided sufficient safeguards against unnecessary invasions of privacy.
Ramesh warned that the changes would effectively eliminate the provision that grants citizens the same access to information as their representatives.
He urged the government to reconsider Section 44(3) of the Data Protection Act, arguing that it poses a threat to the integrity of the RTI law and the larger goals of transparency and accountability in public life.
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