DPDP Act 2023 Balances Privacy and Transparency with Amendments to RTI Framework

The DPDP Act, 2023, was enacted following one of the most comprehensive public consultation exercises undertaken by the Government.

The Digital Personal Data Protection Act, 2023 (DPDP Act) has been positioned as a landmark piece of legislation that seeks to balance the fundamental right to privacy with the need for transparency and access to information under the Right to Information (RTI) Act, 2005. Introduced after years of debate, judicial pronouncements, and public consultations, the Act reflects India’s evolving approach toward safeguarding citizens’ digital rights in an increasingly data-driven world.

From Consultation to Legislation

The DPDP Act, 2023, was enacted following one of the most comprehensive public consultation exercises undertaken by the Government. The draft Digital Personal Data Protection Bill, 2022 attracted over 22,600 comments from citizens, civil society groups, industry stakeholders, and legal experts. Each submission was carefully examined, resulting in substantive changes before the Bill was tabled in Parliament.

This extensive engagement highlights the government’s commitment to building consensus on a sensitive subject like personal data protection, which touches on issues of individual liberty, governance, and economic innovation.

The RTI Act Amendment and Privacy Concerns

One of the most debated aspects of the DPDP Act has been its amendment to Section 8(1)(j) of the RTI Act, which deals with the exemption of personal information from disclosure. The amendment aligns with the Supreme Court’s 2017 judgment in Justice K.S. Puttaswamy v. Union of India, which declared privacy a fundamental right under Article 21 of the Constitution.

By modifying the language of Section 8(1)(j), the government has sought to strike a balance between two competing rights:

• The right to privacy, which safeguards citizens from the misuse of their personal data.

• The right to information, which ensures transparency and accountability in governance.

The amendment does not create an absolute bar on the disclosure of personal information. Instead, it codifies the principle of reasonable restrictions, ensuring that disclosure is permitted when it serves a larger public interest.

Section 8(2) Safeguards: Public Interest Prevails

Importantly, the transparency framework under the RTI Act continues to remain robust. Section 8(2) of the RTI Act explicitly provides that a public authority may disclose information, even if exempt under Section 8(1), if the public interest in disclosure outweighs the harm to protected interests.

The section reads: “Notwithstanding anything in the Official Secrets Act, 1923 (19 of 1923) nor any of the exemptions permissible in accordance with sub-section (1), a public authority may allow access to information, if public interest in disclosure outweighs the harm to the protected interests.”

This safeguard ensures that information vital to accountability, governance, or public health and safety is not withheld merely because it contains personal data.

Harmonizing Transparency and Privacy

By aligning the RTI Act with the DPDP Act, the government seeks to ensure that both transparency and privacy operate in harmony, rather than conflict. The amendment helps avoid legal uncertainties, prevents conflicting interpretations of the two laws, and ensures consistency with judicial precedents.

Union Minister of Information and Broadcasting, Shri Ashwini Vaishnaw, while presenting the details in the Lok Sabha, emphasized that the government remains committed to both principles. He clarified that the amendment does not dilute the RTI framework, but instead strengthens it by balancing it with constitutional privacy protections.

Rules Under Consultation

Just as with the Act, the government has initiated an extensive consultation process for drafting the Rules under the DPDP Act. These consultations have included deliberations with diverse stakeholders, including media organizations, industry representatives, and civil society. The rules, once notified, will provide the operational framework for enforcement, including provisions related to data fiduciaries, grievance redressal, and penalties for violations.

A Step Toward a Data-Secure Future

The DPDP Act is expected to reshape India’s digital ecosystem by creating a comprehensive framework for data protection. It will empower individuals with greater control over their personal information while ensuring that businesses and public authorities can continue to process data responsibly for lawful purposes.

By balancing privacy and transparency, the DPDP Act and its RTI amendment reinforce India’s commitment to building a trust-based digital economy while upholding democratic values of accountability and openness.