Syllabus: GS2/Governance
Context
- The Supreme Court granted the Centre two weeks to respond to petitions challenging amendments to the Right to Information (RTI) Act made through the Digital Personal Data Protection (DPDP) Act.
About
- Background: Section 44(3) of DPDP Act had amended the RTI Act to facilitate public authorities to refuse information on the ground that the details sought was of a “personal” nature.
- Section 8(1)(j) of the RTI Act deals with exemption from disclosure of personal information.
- The earlier provision exempted only limited categories of personal information and incorporated a public interest test.
- The amended provision broadly exempts all personal information from disclosure, thereby restricting access to information protected under Articles 19 and 21 of the Constitution.
- Question Before SC: The court said both the DPDP Act and the RTI Act were central legislations. There was a need to actually harmonise them.
- The court would examine if this restrictive or “cautionary approach” to sharing data under the DPDP Act worked to repeal earlier transparency legislations.
About Digital Personal Data Protection Act, 2023
- Background: In 2017, the Ministry of Electronics and Information Technology (MeitY) established the Justice B.N. Srikrishna Committee to develop a data protection framework for India.
- Scope: It applies to the processing of digital personal data within India where such data is collected online, or collected offline and is digitised.
- It also applies to such processing outside India, if it is for offering goods or services in India.
- Consent: Personal data may be processed only for a lawful purpose upon consent of an individual.
- Consent may not be required for specified legitimate uses such as voluntary sharing of data by the individual or processing by the State for permits, licenses, benefits, and services.
- Obligations for Data fiduciaries: To maintain the accuracy of data, keep data secure, and delete data once its purpose has been met.
- Rights to Individuals: The right to obtain information, seek correction and erasure, and grievance redressal.
- Exemptions: Government agencies can be exempted in the interest of specified grounds such as security of the state, public order, and prevention of offences.
- Data Protection Board: To adjudicate on non-compliance with the provisions of the Act. The Data Protection Board (DPB) has civil court powers for personal data breach complaints.
- Board members will be appointed for two years and will be eligible for re-appointment.
- The central government will prescribe details such as the number of members of the Board and the selection process.
Right to Information Act (RTI), 2005
- Aim: It was designed to promote transparency in the functioning of the government by giving citizens the right to access information from public authorities.
- Scope: The Act applies to public authorities, which include government departments, ministries, and organizations that are substantially funded by the government.
- Information Accessible to the Public: Citizens have the right to request information from public authorities. This includes the right to access records, documents, and other information.
- Exclusions: Information that may compromise national security, breach confidentiality, or harm the integrity of ongoing investigations.
- Timeframe for Response: Public authorities are required to respond to information requests within 30 days. In certain cases, this period can be extended to 45 days.
- Penalties: The Act provides for penalties against officials who withhold information without reasonable cause or provide false information.
Significance of the Act
- Empowers Citizens: By accessing information from public authorities, promoting transparency and accountability in government.
- Holds Government Accountable: Helps in holding public authorities accountable for their actions, preventing corruption.
- RTI helped uncover misuse of funds in the National Rural Employment Guarantee Scheme (NREGS).
- Promotes Good Governance: It strengthens democratic processes by ensuring that the government operates transparently, fostering public trust.
- Enables Social Audits: Activists and NGOs use RTI to perform social audits of government schemes and services.
- RTI was used to check if food rations were correctly distributed under the Public Distribution System (PDS).
- Access to Public Records: RTI requests have been used to obtain details of government contracts, exposing corruption or inefficiencies.
- Strengthens Democracy: Provides a tool for citizens to actively participate in the decision-making process, enhancing democracy.
Conclusion
- The RTI Act has played a significant role in promoting transparency, reducing corruption, and empowering citizens to actively participate in the democratic process by holding government institutions accountable.
- It is a powerful tool for promoting good governance and ensuring that citizens have access to information that affects their lives.
Source: TH
