RIGHT TO INFORMATION ACT: POLITY
NEWS: RTI Disclosures Will Continue Under New Data Protection Rule: Ashwini Vaishnaw
WHAT’S IN THE NEWS?
The upcoming Digital Personal Data Protection rules have triggered concern that amendments to the RTI Act may restrict access to personal information even when public interest is involved. Civil society fears this could weaken transparency and accountability in governance despite government assurances.
Context
• The Union Minister for Electronics and IT recently clarified that the Right to Information (RTI) Act will continue to allow the disclosure of personal details where such disclosure is mandated under various laws, despite upcoming changes due to the Digital Personal Data Protection (DPDP) Act.
• This announcement comes amid concerns that the new data protection rules might undermine the transparency and accountability mechanisms guaranteed under the RTI Act.
Amendment and Legal Changes Under Discussion
• An amendment to Section 8(1)(j) of the RTI Act is planned to align with the upcoming DPDP rules, which are expected to be notified soon.
• Section 8(1)(j) of the RTI Act previously allowed for personal information to be disclosed if it served larger public interest. The amended version now imposes a blanket prohibition on the disclosure of personal data, even if it is critical for ensuring transparency or accountability.
• This change is being legally justified by referencing the 2017 Supreme Court judgment that recognized the right to privacy as a fundamental right under Article 21 of the Constitution.
Concerns Raised by Civil Society and Transparency Advocates
• The amendment is seen as a potential rollback of transparency gains made through RTI, particularly in social audits, public fund tracking, and exposure of corruption.
• Civil society groups argue that the original RTI Act offered a balanced approach by protecting privacy while also ensuring transparency in matters of public interest.
• Critics point out that the amendment could restrict access to information about beneficiaries of public schemes, contractors, or government officers involved in corruption or inefficiency.
• RTI activists believe the current changes could be misused by public officials to deny critical data under the pretext of “personal information,” even when public funds or welfare schemes are involved.
Government’s Stand
• The Union IT Minister stated that the amendment will not restrict transparency and that personal information will still be disclosed when legally mandated under other laws.
• The Minister emphasized that the changes are operational and legal in nature, driven by the DPDP Act, and not intended to undermine the spirit of the RTI Act.
• It was clarified that institutional disclosure obligations under the RTI Act remain intact for public functions and financial matters.
RTI Act (2005): An Overview
• Enacted in 2005, the RTI Act empowers Indian citizens to seek information from public authorities, thereby fostering transparency and accountability in governance.
• It allows access to documents, records, government decisions, and actions, except where such information may harm national security, privacy, or hinder investigations.
• The law requires authorities to respond to requests within 30 days, and failure to do so may result in penalties for concerned officials.
Significance of the RTI Act
• Empowers Citizens: Empowers individuals to question government decisions, spending, and delivery of services.
• Supports Social Audits: Used by activists and NGOs to monitor and evaluate public programs like the PDS (Public Distribution System) and MGNREGA.
• Reduces Corruption: Instrumental in exposing scams and misuse of public funds by making official records accessible to the public.
• Strengthens Democracy: By enabling participation in governance and decision-making, the RTI strengthens the democratic process and builds public trust.
• Promotes Good Governance: Ensures that administrative decisions are transparent and reasoned, improving efficiency and accountability in public administration.
RTI (Amendment) Act, 2019
• Reduced Tenure: The tenure of the Chief Information Commissioner (CIC) and Information Commissioners (ICs) was reduced from 5 years to 3 years.
• Centralized Control Over Terms: Salaries, allowances, and service conditions of CICs and ICs are now determined by the Central Government, rather than being equated with those of Election Commissioners.
• Concerns of Autonomy: The 2019 amendments raised concerns over erosion of independence of the Information Commission.
Rules Under RTI Act (2022)
• RTI Online Portal: Citizens encouraged to file requests digitally through the online portal.
• Streamlining Appeals: New rules introduced to simplify appeal and complaint filing procedures, aiming to reduce delay and improve efficiency.
Criticisms and Challenges Faced by the RTI Act
• Overburdened Public Authorities: Large volumes of RTI applications often overwhelm departments, impacting their regular functions.
• Misuse by Applicants: RTI is sometimes used for harassment or personal vendetta, rather than for promoting transparency.
• Delays and Inefficiency: Despite stipulated response times, many authorities delay providing information, citing procedural or bureaucratic hurdles.
• Lack of Capacity and Training: Many departments lack the technical infrastructure or trained personnel to handle RTI queries effectively.
• Exemptions and Loopholes: Ambiguity in the provisions related to exemption is used to deny legitimate information requests.
Way Ahead
• The RTI Act has been a cornerstone of democratic empowerment, enabling citizens to actively engage in governance and public service delivery.
• Any changes to the Act, especially those concerning personal data, must balance privacy with public interest.
• Civil society organizations are advocating for a revision of the draft DPDP rules, ensuring that the final framework does not weaken RTI’s utility.
• There is a need for transparency and accountability safeguards within the DPDP rules, along with clear exceptions for public interest disclosures.
• The government must also invest in capacity-building and awareness programs for public authorities and citizens to uphold the spirit of the RTI Act.
Source: https://www.newsonair.gov.in/rti-disclosures-will-continue-under-new-data-protection-rule-ashwini-vaishnaw/#:~:text=9%3A04%20PM-,RTI%20Disclosures%20Will%20Continue%20Under%20New%20Data%20Protection%20Rule%3A%20Ashwini,the%20new%20data%20protection%20rule