Opposition says data law threat to RTI; govt cites SC judgment

After the Opposition on Thursday strongly criticised certain provisions of the Digital Personal Data Protection (DPDP) Act, 2023, as antithetical to citizens’ rights, the government defended the law saying it was fully in sync with privacy principles.

They urged the government to repeal Section 44 (3) of the DPDP Act, saying that the provision will destroy press freedom and infringes upon the “soul of Right to Information (RTI) Act” while leaving it decimated.

Senior Congress leader Jairam Ramesh, in a letter to IT Minister Ashwini Vaishnaw, said the new law effectively eliminates the safeguard under Section 8(1)(j) of the RTI Act that allowed disclosure of personal information if it served a larger public interest.

“Section 44(3) destroys the RTI Act,” he wrote, urging the government to “pause, review and repeal” the provision.

In response, Vaishnaw defended the DPDP Act, saying it aligns with privacy principles upheld by the Supreme Court in the Puttaswamy judgment and continues to support transparency through other sections of the RTI Act.

At a press conference, Opposition leaders including Congress MP Gaurav Gogoi and Shiv Sena (Uddhav Balasaheb Thackeray) MP Priyanka Chaturvedi demanded amendment in the Act. He added that over 120 MPs, including Rahul Gandhi, Lalu Prasad Yadav, and Akhilesh Yadav, have signed a petition demanding amendments to the Act.

“Section 44(3) seeks to substitute a critical safeguard in the RTI Act, allowing the government to withhold personal information without evaluating public interest,” Gogoi said.

The Congress leader Gogoi accused the BJP government of imposing orders on the citizens rather than upholding their rights.

Chaturvedi warned that the DPDP Act amounts to a “four-sided assault” on press freedom, especially investigative journalism. She also raised concerns about the centralised structure of the proposed Data Protection Board, claiming it would give the government sole discretion over what information can be disclosed.

Leaders from DMK, CPM, SP, and RJD also joined the protest, pledging to fight for the protection of RTI and citizens’ rights.

The press conference was also attended by MM Abdulla (DMK), John Brittas, (CPM), Javed Ali Khan, (Samajwadi Party) and Naval Kishor (RJD).