The primary concern revolves around Section 44(3) of the Digital Personal Data Protection Act, 2023, which modifies a segment of the Right to Information (RTI) Act, 2005. Critics argue that this alteration diminishes the public's access to information that was previously guaranteed, especially information held by public officials.
Under Section 8(1)(j) of the RTI Act, information about an individual can be withheld if it is deemed personal and does not serve public interest. However, if the information is crucial for ensuring transparency or combating corruption, it must be disclosed. For instance, if a citizen requests details regarding an MP’s travel expenditures funded by public money, this information should be provided as it pertains to public interest.
With the introduction of Section 44(3) in the 2023 Act, the previous RTI provision is replaced with a more stringent rule that permits the denial of all personal information, irrespective of its relevance to public interest. Consequently, even if a citizen requests the same MP's travel expenditures, the department can decline the request, citing it as "personal data."
MP Jairam Ramesh has expressed the following concerns:
In light of these concerns, Jairam Ramesh has reached out to the Union IT Minister, urging a pause, review, and repeal of Section 44(3) of the new legislation to safeguard the RTI rights of citizens. He stated, “The duty of a public servant is not to hide but to serve—and in a democracy, service demands transparency.”
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