The passage of the Digital Personal Data Protection (DPDP) Act, 2023, has sent shockwaves through India's transparency and accountability framework. What was once a robust system under the Right to Information (RTI) Act is now under threat, as this new law gives the government unprecedented power to withhold crucial information from the public. Critics argue that Section 44(3) of the DPDP Act is nothing short of an assault on democratic values, allowing authorities to operate behind a veil of secrecy while citizens are left in the dark.

For the past two decades, the RTI Act has been a powerful tool for transparency, empowering citizens and ensuring accountability in governance. However, the DPDP Act has raised serious concerns about its impact on public access to information. Critics argue that Section 44(3) of the Act strikes a massive blow to transparency and may shield those in power from scrutiny.

DPDP Act 2023

What is the Digital Personal Data Protection (DPDP) Act?

The DPDP Act, passed in August 2023, is India's first comprehensive data privacy law. Its primary aim is to regulate how personal data is collected, stored, and shared, ensuring greater protection of individual information in the digital age. While the intent of the Act appears beneficial, certain provisions, particularly Section 44(3), have sparked concerns about excessive government control over information.

The Controversial Section 44(3) and RTI Restrictions

One of the most contentious aspects of the law is Section 44(3), which modifies the RTI Act, 2005. It replaces Section 8(1)(j) of the RTI Act, which previously ensured that any information accessible to Parliament or state legislatures was also available to the public. Under the new provision, government agencies can now refuse to disclose any information deemed ‘personal,’ potentially restricting access to critical government records.

Why is This a Problem for Transparency?

Activists, journalists, and legal experts have raised serious concerns that this amendment will:

  • Allow the government to deny crucial information requests under the pretext of data protection.
  • Shield public servants from scrutiny, making it difficult to access records related to their assets, liabilities, and financial dealings.
  • Obstruct investigative journalism by restricting access to official records that were previously available under RTI.

For instance, under the old RTI law, a journalist investigating a politician’s sudden increase in wealth could access declared asset details. However, with the new law, the government could classify this information as personal data and deny access, making it harder to expose potential corruption.

Heavy Penalties on Journalists and Data Breach Concerns

Another alarming aspect of the DPDP Act is the provision imposing penalties of up to ₹250 crore per data breach. This could include journalists who publish personal data, such as names or financial details, without consent. Critics argue that such strict penalties could have a chilling effect on investigative journalism, discouraging media from reporting on sensitive issues involving politicians or corporations.

Political & Activist Backlash Against the DPDP Act

Several political leaders and activists have strongly opposed Section 44(3):

  • Congress leader Jairam Ramesh has written to the IT Minister demanding the repeal of Section 44(3), arguing that the original RTI Act already had enough privacy safeguards.
  • RTI activists like Aruna Roy and Nikhil Dey warn that this amendment will weaken public accountability and make it harder to expose corruption.

Government's Justification vs. Public Concerns

The government argues that these amendments are necessary to protect individual privacy, especially in an era of growing cyber threats and data misuse. However, critics claim that this is merely a pretext for limiting transparency, effectively making it harder for citizens and journalists to hold those in power accountable.

FAQs: Understanding the DPDP Act's Impact

What is the DPDP Act 2023?

The Digital Personal Data Protection (DPDP) Act is India's first major data privacy law, aimed at regulating data collection, storage, and sharing. However, critics say it limits transparency by restricting access to public records.

How does the DPDP Act affect RTI?

The Act modifies the RTI Act by allowing the government to refuse disclosure of any information deemed 'personal,' making it harder for citizens to access crucial details about public officials and governance.

Why is Section 44(3) controversial?

Section 44(3) replaces a key provision of the RTI Act, allowing authorities to classify previously accessible information as personal data, thus blocking transparency.

How does this law impact journalists?

Journalists risk severe penalties if they publish personal data without consent, even when exposing corruption or misconduct. This restriction could deter investigative reporting.

What penalties does the DPDP Act impose?

The Act includes hefty penalties of up to ₹250 crore per data breach, which could apply even to journalists reporting on public interest matters.

Conclusion: Privacy or Government Secrecy?

While data protection is a crucial issue in today’s digital world, the DPDP Act appears to prioritize government secrecy over public transparency. The ability to classify important information as ‘personal data’ raises serious concerns about corruption, misuse of power, and suppression of investigative journalism.

The key question remains: Is the DPDP Act truly protecting privacy, or is it being used as a tool to curb transparency? Only time will tell how this law impacts India's democratic principles. But for now, activists continue to fight for a balance between data protection and the public’s right to information.