Opposition claims Sec 44 3 of DPDP Act destroys RTI seeks repeal

    New Delhi, Apr 10 (PTI) Opposition INDIA bloc on Thursday demanded repeal of Section 44 (3) of the Digital Personal Data Protection Act (DPDP), contending that it destroys the Right to Information (RTI) Act.
    Amid concerns being raised by civil society groups over the section that bars revealing personal information regarding any individual, and its impact on the RTI act, Opposition leaders alleged that the government moved certain amendments when the Act was being passed in Lok Sabha, which turned around the recommendations of the Joint Parliamentary Committee (JPC) that had examined the bill.
    At a joint press conference of INDIA bloc leaders here, Congress' Gaurav Gogoi said over 120 MPs of this alliance, including Leader of the Opposition in Lok Sabha Rahul Gandhi, Samajwadi Party chief Akhilesh Yadav, CPI(M)'s John Brittas, DMK's TR Baalu, among others, have signed a joint memorandum for repeal of this section and it will be submitted to Information and Technology Minister Ashwini Vaishnaw.
    Talking about the passage of the Act in Parliament in 2023, Gogoi said, "There was a JPC set up, an extensive report was presented, and subsequently the government, as it has the habit, when it is going to pass the Bill, brings certain amendments, which have fundamentally changed the nature of the JPC report."
    "This bill was passed when the entire country was witnessing a no-confidence motion which was brought in the context of Manipur. Therefore this important bill, which should have been deliberated and discussed upon, the government passed it and since then we have been studying the various implications of the Act and as we have understood it clearly, the recent amendments have a draconian impact on the rights of citizens and freedom of the press," he said.
    The DPDP Bill, which became the Digital Personal Data Protection Act, 2023, was passed by Lok Sabha on August 7, 2023, and by Rajya Sabha on August 9, 2023. It received presidential assent on August 11, 2023.
    A no-confidence motion was moved against the government in the same session, which was defeated on the floor of Lok Sabha on August 10, 2023.
    He said during the recently concluded Budget session of Parliament, civil society activists reached out to various INDIA bloc leaders, and also Rahul Gandhi.
    "It was decided we will raise the issue through a collective petition to the Information and Technology Minister... The DPDP Act has devastated the Right to Information Act passed by Parliament," he said.
    Gogoi said he was in the JPC that examined the DPDP Bill.
    "Nothing related to Section 8(1)(j) was discussed in the JPC. I have submitted a dissent note, so had colleagues of many other opposition parties. We would have included this if this had been brought in. This was in an amendment at the last stage, when the entire country was debating Manipur. So the malicious intent of the government is very clear," he said.
    The press conference was attended by MM Abdulla (DMK), Priyanka Chaturvedi (Shiv Sena-UBT), Brittas, (CPI-M), Javed Ali Khan, (SP) and Naval Kishor (RJD).
    Civil rights activists have opposed Section 44 (3) of the DPDP Act that seeks to substitute Section 8 (1)(j) of the RTI Act, 2005.
    Section 8(1)(j) of the RTI Act allowed withholding of personal information if its disclosure was unrelated to any public activity or interest or would result in an unwarranted invasion of privacy.
    However, this restriction was subject to an important safeguard: if the Central Public Information Officer, the State Public Information Officer, or the appellate authority determined that disclosing the information served a larger public interest, it could still be made available.
    Section 44 (3) of the DPDP Act amends Section 8(1)(j) of the RTI Act that allows government bodies to withhold "information which relates to personal information," with no consideration for the public interest or any other exception.
    Furthermore, the amendment removes the crucial proviso of Section 8(1) that stated, "information which cannot be denied to Parliament or a State Legislature shall not be denied to any person", said the Opposition's petition.
    Gogoi, elaborating on it, gave an example, and said, "So tomorrow, if you want information on collapsing bridges in Bihar, and you ask for the information of the contractor, you may be denied."
    "Very surreptitiously, maliciously, and mischievously, the right of citizens to information has been snatched by the DPDP Act," he alleged.
    He said in the petition that the INDIA bloc parties will submit to IT Minister Vaishnaw, they have urged him to repeal the Section 44 (3).
    Shiv Sena (UBT) leader Chaturvedi said it is also an attack on freedom of press.
    "You are taking Right to Information towards 'road to ignorance', so that people do not get to know about any corruption. The DPDP Act in 2019 had no such provision, in 2021, after it went to the JPC, no such provision was there either. In 2023 they brought in these provisions which will make RTI null and void," she said.
    SP's Ali said they are appealing to the government right now, and will look at other options when the time comes.
    Brittas called the RTI Act a landmark, and said, "at a stroke they have done away with the RTI act, and it will have far reaching implications for the media".
    The petition signed by Opposition leaders has said that amendments made through the DPDP Act drastically weaken the RTI Act and will have a detrimental impact on citizen's fundamental right to information.
    "We believe that the legal framework for privacy and data protection should complement the RTI Act and in no way undermine or dilute it," the petition said.

(This story has not been edited by THE WEEK and is auto-generated from PTI)