RTI under threat? INDIA bloc urges repeal of DPDP Act's Section 44(3)

Opposition leaders say Section 44(3) of the DPDP Act strips the RTI Act of its public interest safeguard, shielding government data from scrutiny and threatening press freedom

The Opposition INDIA bloc on Thursday demanded the immediate repeal of Section 44(3) of the Digital Personal Data Protection (DPDP) Act, 2023, alleging that it dilutes the Right to Information (RTI) Act and poses a threat to transparency and press freedom.

 

At a joint press conference in Delhi, senior leaders of the Congress, Samajwadi Party, CPI(M), DMK, Shiv Sena (UBT), and RJD came together to voice concerns that Section 44(3) effectively nullifies a key clause in the RTI Act, thereby preventing public access to critical information in the name of personal data protection.

 

Congress MP Gaurav Gogoi, who was a member of the Joint Parliamentary Committee (JPC) that studied the DPDP Bill, said over 120 MPs from the INDIA alliance, including Rahul Gandhi, Akhilesh Yadav, TR Baalu, John Brittas, and others, have signed a joint memorandum demanding the rollback of this section. The memorandum will be submitted to Union Information and Technology Minister Ashwini Vaishnaw.

 

 

Gogoi also slammed the manner in which the government passed the Bill in Parliament, stating, “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.”

 

He further said the Bill was passed when the 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... The recent amendments have a draconian impact on the rights of citizens and freedom of the press.”

 

The DPDP Bill was passed by the Lok Sabha on August 7, 2023, the Rajya Sabha on August 9, and received presidential assent on August 11, during the same session in which a no-confidence motion was defeated in the Lok Sabha.

 

What’s the problem with Section 44(3)? 

Section 44(3) of the DPDP Act substitutes Section 8(1)(j) of the RTI Act, 2005 — a clause that had allowed information officers to withhold personal information only if it had no relevance to public interest or would lead to an “unwarranted invasion of privacy”. However, a public interest override existed, which meant that such information could still be disclosed if it served a greater public good.

 

In contrast, the new provision under the DPDP Act removes this safeguard and allows the government to withhold any personal information without exception, even if the information is critical to exposing corruption or public negligence.

 

Opposition leaders warn of broader implications 

Shiv Sena (UBT) MP Priyanka Chaturvedi called the move a direct threat to press freedom and transparency in governance.

 

“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.

 

CPI(M)’s John Brittas echoed her concerns: “At a stroke, they have done away with the RTI Act, and it will have far-reaching implications for the media.”

 

SP MP Javed Ali Khan said they are currently appealing to the government but hinted at exploring legal or parliamentary routes if the demand is ignored.

 

“We are appealing to the government right now, and will look at other options when the time comes,” he said.

 

(With PTI inputs)