RTI & Data Protection: Vaishnaw Clarifies Personal Info Disclosure

New Delhi, Apr 10 (PTI) Personal details that are subject to public disclosure under various laws will continue to be disclosed under the RTI Act after the implementation of the new data protection rule, Union minister Ashwini Vaishnaw has said.

The minister came up with the clarification through a post on a social media platform in response to opposition Congress leader Jairam Ramesh's letter seeking "to pause, review and repeal" section 44 (3) of the Digital Personal Data Protection (DPDP) Act 2023.

Ramesh in his letter dated March 23 had said that the section 44 (3) of the DPDP Act prohibits sharing personal information under the Right to Information Act 2005.

"Any personal information that is subject to disclosure under legal obligations under various laws governing our public representatives and welfare programmes etc will continue to be disclosed under the RTI Act. In fact, this amendment will not restrict disclosure of personal information, rather it aims to strengthen the privacy rights of the individuals and prevent the potential misuse of the law," Vaishnaw said.

The minister cited section 3 of the Digital Personal Data Protection (DPDP) Act 2023 to explain the government's stance.

According to the section 3 of the DPDP Act, the provisions of the Act will not apply on personal data processed by an individual for any personal or domestic purpose and personal data that is made publicly available by the individual himself or any other person who is under an obligation under any law for the time being in force in India to make such personal data publicly available.

The section 44 (3) of the Digital Personal Data Protection Act 2023 seeks to substitute a clause 8 (1) (j) in the RTI Act 2005 to deny sharing personal information under the RTI Act 2005.