Context: Congress leader Gaurav Gogoi recently criticized the Digital Personal Data Protection (DPDP) Act, calling it “draconian” and expressing concern that it limits access to information.

Decoding the context: Other opposition leaders have also urged Union Minister Ashwini Vaishnaw to repeal Section 44(3) of the DPDP Act, arguing that it effectively dilutes the RTI framework.

Learn More:

• The DPDP Act propose to amend the Section 8(1)(j) of the RTI Act, 2005. This section prevents a public authority from sharing anyone’s personal information on two main grounds – that the disclosure will have no bearing on any public activity, and that revealing such information would cause unwarranted invasion of the privacy of an individual, unless such disclosure is justified in larger public interest.
• According to the proposed DPDP law, the two key grounds, that such information could be disclosed provided it serves a larger public interest, have been done away with. 
• Union Minister Vaishnav, in response to the opposition claims, underlined that protection of personal information was important as the Supreme Court in the Puttaswamy judgment had held privacy to be an integral part of the Right to Life.

About RTI Act

• The RTI Act came into force in October 2005.
• Roots:
  • Emerged from grassroots movements, notably the Mazdoor Kisan Shakti Sangathan (MKSS) in Rajasthan, advocating for access to government records in the 1990s.
  • Built on earlier laws like the Freedom of Information Act, 2002 (never implemented) and state-level RTI laws (e.g., Tamil Nadu, 1997; Rajasthan, 2000).
  • Influenced by Article 19(1)(a) of the Constitution (freedom of speech and expression), which implies the right to know.
• According to the official site of the Right to Information, “the basic object of the RTI Act is to empower the citizens, promote transparency and accountability in the working of the Government, contain corruption, and make our democracy work for the people in a real sense.” These are the four pillars of the Act.

Key Provisions of the RTI Act, 2005

• Scope: Applies to all public authorities (Central, State, and local governments, including bodies substantially funded by the government) across India.
• Process:
  • Application: Citizens submit a written or electronic request to the Public Information Officer (PIO) or Assistant PIO of the concerned authority with a nominal fee (?10; waived for BPL applicants).
  • Timeline: Information must be provided within 30 days (48 hours for life/liberty matters). Appeals for non-compliance go to a First Appellate Authority (FAA) within the organization, followed by the Information Commission (Central/State).
  • Penalties: PIOs face fines (up to ?25,000) for delays, refusal, or misinformation (Section 20).
• Exemptions (Section 8):
  • Information affecting national security, sovereignty, or foreign relations.
  • Trade secrets, intellectual property, or personal privacy (unless public interest overrides).
  • Cabinet papers and ongoing investigations (with caveats).
• Section 4: Mandates proactive disclosure of information (e.g., budgets, policies) by public authorities to reduce RTI requests.
• Information Commissions: The RTI Act, 2005, provided for a Central Information Commission and State Information Commissions to deal with appeals and complaints against public authorities. 

Source : Indian Express