RTI Act & Data Protection: Balancing Privacy

New Delhi, Aug 20 (PTI) The amendment made in the RTI Act through the data protection law balances it with Right to Privacy, Parliament was informed on Wednesday.

In response to a question on the impact of Digital Personal Data Protection (DPDP) Act, 2023 on Right to Information, Union minister Ashwini Vaishnaw in a written reply to the Lok Sabha said there is a provision available in the RTI that may allow access to information if the public interest in disclosure outweighs the harm to the protected interest.

"The amendment to Section 8(1)(j) of the RTI Act through the DPDP Act balances the fundamental right to privacy, as affirmed by the Supreme Court in Justice K.S. Puttaswamy v. Union of India, with the right to information," Vaishnaw said.

The minister said the amendment aligns with established judicial reasoning on reasonable restrictions, codifies existing jurisprudence, and helps avoid potential conflicts between the laws.

"Further, under Section 8(2) of the RTI Act, a public authority may allow access to information if the public interest in disclosure outweighs the harm to the protected interests," Vaishnaw said.

As per Section 8(2) of the RTI Act if an information is not restricted under the official secret Act or is not exempted under the provision of RTI Act then a public authority may allow access to information, if public interest in disclosure outweighs the harm to the protected interests.

"The said amendment does not restrict the disclosure of personal information; rather, it balances individuals' privacy rights with right to information. This ensures that the transparency framework under the RTI Act and privacy framework under the DPDP Act continue to exist harmoniously, preserving the balance between transparency and privacy," Vaishnaw said.