SC to hear plea accusing new data protection law of ‘weaponising’ right to privacy and ‘disarming’ RTI
GS2Polity · Governance · IR· Fundamental rights, DPSP & duties· Prelims + Mains·
Why in news
The Supreme Court is hearing a petition alleging that Section 44(3) of the Digital Personal Data Protection (DPDP) Act weaponizes the right to privacy to obstruct information access under the RTI Act.
Background
Human rights activist Venkatesh Nayak and the National Campaign for People's Right to Information (NCPRI) filed petitions challenging the DPDP Act. The petitioners argue that the law amends Section 8(1)(j) of the RTI Act to bar the disclosure of personal information.
Facts for Prelims
- Act / BillDPDP Act: Digital Personal Data Protection Act
- ConstitutionSection 8(1)(j) of the RTI Act: Provides exemptions from disclosure of personal information
- BodyNCPRI: National Campaign for People's Right to Information
For Mains
Q. Critically examine the tension between the right to privacy and the right to information in the context of India's evolving digital governance framework.
Dimensions to cover in your answer
- Transparency trade-off: Balancing individual data protection against the public's right to scrutinize government actions
- Legislative overlap: Potential conflict between DPDP Act provisions and existing RTI Act exemptions
- Judicial oversight: Role of the judiciary in ensuring data laws do not insulate public institutions from accountability
Keywords: Right to Information · Right to Privacy · Transparency · Digital Governance · Judicial Review · Data Protection
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