The introduction of the Digital Personal Data Protection (DPDP) Act, 2023, alongside the DPDP Rules, 2025, marks a significant shift in how personal data is managed in India. While these regulations aim to safeguard personal information, they simultaneously curtail the reach of the Right to Information (RTI) framework. As privacy becomes a fundamental right, the scope for disclosing information under RTI is notably restricted, raising concerns about transparency and public accountability.
The central tension lies in the DPDP framework's focus on personal data protection, contrasting with the RTI Act's emphasis on disclosure for public interest. The new rules broaden the definition of "personal information," limiting transparency essential for democratic oversight.
2. How is transparency weakened?Under DPDP, public information officers can reject disclosures unless another law mandates it explicitly. Previously, RTI allowed the release of information if public interest outweighed privacy concerns, facilitating exposure of misuse of office and corruption.
3. Why is the implementation delay of DPDP protections significant?While most DPDP rights and safeguards will only be effective by 2027, the immediate restrictions on RTI create an imbalance, increasing secrecy before digital rights are fully operational.
4. What are the concerns about institutional independence?The Data Protection Board's functioning under the same ministry that deals with major technology companies raises doubts about impartial investigations, particularly in cases involving powerful digital platforms.
5. How will public accountability be affected?Access to information related to recruitment, procurement, tenders, and administrative decisions may become restricted, as such processes often involve "personal data" of officials or applicants.
6. Does DPDP completely override RTI?RTI remains operational, but its scope is considerably narrowed. The new framework prioritizes privacy over disclosure, weakening public oversight and reducing the ability of citizens to monitor governance.
7. What could restore the balance between privacy and transparency?Introducing clear criteria for public interest disclosures, ensuring an independent data protection authority, and narrowing the definition of exempt information would help balance individual privacy and democratic transparency.
In summary, the DPDP Act, 2023 and its accompanying rules significantly narrow RTI's reach by broadly protecting personal data and increasing the likelihood of information request rejections. While robust privacy protections are set to become effective by 2027, immediate restrictions on RTI reduce access to data vital for accountability. The limited independence of the Data Protection Board adds to the concerns, marking a shift from transparency to increased opacity, weakening public scrutiny of governance.
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