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Supreme Court Refers DPDP Act–RTI
The Supreme Court referred petitions challenging the Digital Personal Data Protection (DPDP) Act amendment to the RTI Act to a Constitution Bench. The challenge concerns the blanket exemption of personal information introduced under the amended RTI provisions.
DPDP Act Amendment to RTI Act:
| Dimension | Key Details |
|---|---|
| DPDP Act Purpose | Provides legal framework for protection of personal data of individuals shared with data fiduciaries |
| Origin | Puttaswamy Judgment 2017 declared Right to Privacy as Fundamental Right under Article 21 linked to Article 19; Justice B N Srikrishna Committee proposed data protection framework |
| RTI Act 2005 | Provides citizens right to seek information from public authorities |
| Earlier RTI Provision | Section 8(1)(j) allowed disclosure of personal information if larger public interest justified disclosure |
| Amended Provision | Section 44(3) of DPDP Act amends Section 8(1)(j) to provide blanket exemption for personal information without exception |
| Constitutional Issue | Amendment challenged as ultra vires for violating Right to Information recognised under Articles 19 and 21 |
| Transparency Concern | Disclosure of assets and liabilities of public servants in public interest may be affected |
| ARC Reference | Second Administrative Reforms Commission report titled Right to Information Master Key to Good Governance positioned RTI as tool for administrative openness |