Section 44(3) of New Data Protection Law
28.03.2025
Section 44(3) of New Data Protection Law
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For Prelims: What is Section 44(3) of the DPDP Act?, |
Why in the news?
Section 44(3) of the Digital Personal Data Protection Act, 2023 mentions a change that will be made in Section 8(1)(j) of the RTI Act.
Key Points:
- Section 44(3) of the Digital Personal Data Protection Act, 2023 has sparked controversy as activists claim it weakens the Right to Information (RTI) Act, 2005.
- Congress leader Jairam Ramesh has urged the Minister of Electronics and Information Technology (MeitY) to repeal this provision, arguing that it would "destroy" the RTI Act.
- RTI activists, including Aruna Roy, Nikhil Dey, Prashant Bhushan, and Anjali Bhardwaj, have opposed the amendment, warning that it could restrict access to critical public information.
What is Section 44(3) of the DPDP Act?
- The DPDP Act, 2023, received Presidential assent on August 11, 2023 and aims to regulate digital personal data processing while balancing individual privacy rights with lawful data processing needs.
- Section 44(3) amends Section 8(1)(j) of the RTI Act, 2005, expanding the scope of denying information under the pretext of protecting personal data.
The Change:
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- Previous Section 8(1)(j) (RTI Act): Allowed exemption from disclosure only if the personal information was unrelated to public interest or caused unwarranted privacy invasion, unless larger public interest justified disclosure.
- Revised Section 8(1)(j) (DPDP Act): This removes the “larger public interest” clause and broadly exempts all personal information from disclosure under RTI.
Source: Indian Express
What is the impact of Section 44(3) of the Digital Personal Data Protection (DPDP) Act, 2023, on the Right to Information (RTI) Act, 2005?
A.Expands access to personal data under RTI
B.Removes the "larger public interest" clause for disclosing personal data
C.Strengthens public disclosure of government records
D.Limits exemptions for personal information under RTI
Answer B