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UPSC » Daily News Analysis ‘Section 44 (3) of the New Data Protection Law: Conflict with RTI’ : 27 March

Daily News Analysis ‘Section 44 (3) of the New Data Protection Law: Conflict with RTI’ : 27 March

Table of Content

About Section 44 (3) of new Data Protection Law:

  • Section 44(3) of the DPDP Act, 2023 introduces a significant amendment to Section 8(1)(j) of the Right to Information (RTI) Act, 2005.
  • It restricts access to personal information under the RTI Act, which was previously subject to disclosure if it served a larger public interest.

Changes Made by Section 44(3):

  • Earlier, Section 8(1)(j) of the RTI Act stated that personal information could be disclosed if it had a connection to public interest and if it did not cause an unwarranted invasion of privacy.

  • After the amendment, the provision is now shortened to simply:
     “Information which relates to personal information.”
  • This change removes the public interest clause, making it easier for authorities to deny RTI requests on personal data.

Why in News?

  • Activists and Opposition leaders argue that the change made to the Right to  Information Act, 2005 (RTI Act) by the DPDP Act undermines the RTI Act and weakens citizens’ right to information.