Section 44(3) of DPDP Act: A Threat to Transparency?

Context:

Published on March 26, 2025, this article from The Indian Express examines the concerns raised by activists over Section 44(3) of the Digital Personal Data Protection (DPDP) Act, 2023, which amends the Right to Information (RTI) Act, 2005. With the DPDP Act set to be enforced post-notification of its Rules, the change is feared to undermine public access to information, prompting calls for its repeal as of March 27, 2025.

Key Information Points:

• DPDP Act Overview: The Digital Personal Data Protection Act, 2023, received Presidential assent on August 11, 2023, and awaits enforcement pending the notification of its Rules, aiming to regulate personal data processing in India.
• Section 44(3) Concern: This section amends Section 8(1)(j) of the RTI Act, replacing its nuanced exemption clause with a blanket ban on disclosing “information which relates to personal information,” alarming activists.
• RTI Act Original Clause: Section 8(1)(j) previously allowed withholding personal information unless it served a larger public interest or was not an unwarranted privacy invasion, balancing transparency with privacy.
• New Amendment Impact: The revised clause eliminates public interest and privacy invasion provisos, potentially blocking access to public servants’ asset/liability details, previously disclosed under RTI for accountability.
• Activists’ Alarm: RTI advocates like Aruna Roy, Nikhil Dey, Prashant Bhushan, and Anjali Bhardwaj held a press conference in March 2025, arguing this change “destroys” the RTI Act’s transparency mandate.
• Congress Opposition: On March 23, 2025, Congress leader Jairam Ramesh wrote to IT Minister Ashwini Vaishnaw, demanding the repeal of Section 44(3), claiming it removes citizens’ equal information rights compared to legislators.
• Ramesh’s Critique: He called the amendment “unwarranted,” noting the original RTI Act had sufficient privacy safeguards, urging a pause, review, and repeal to protect transparency.
• Public Interest Erosion: Activists fear the blanket exemption could shield corrupt officials, as personal data linked to public roles (e.g., assets) might now be withheld without justification.
• Journalistic Impact: The amendment may hinder investigative reporting, as personal data critical to exposing wrongdoing could be denied, affecting journalists like Shyamlal Yadav, known for impactful RTI-based stories.
• Political Context: Rahul Gandhi met activists in Parliament in March 2025, reinforcing concerns that the government aims to curtail scrutiny, aligning with broader opposition to the DPDP Act’s executive tilt.
• RTI’s Legacy: Enacted in 2005, the RTI Act empowered citizens to access government information, fostering accountability; the amendment risks reversing these gains.

Key Terms:

• DPDP Act: Digital Personal Data Protection Act, 2023, regulating personal data use in India.
• Section 44(3): Clause amending RTI Act to ban disclosure of personal information outright.
• RTI Act: Right to Information Act, 2005, ensuring public access to government data.
• Section 8(1)(j): RTI provision balancing personal information disclosure with public interest.
• Public Interest: Justification for revealing information benefiting society over privacy.
• Data Fiduciary: Entity processing personal data under DPDP Act, now potentially exempt from RTI scrutiny.
• Transparency: Openness in governance, threatened by restricted information access.

Link To The Original Article – https://indianexpress.com/article/explained/why-activists-are-worried-about-section-443-of-new-data-protection-law-9908168/