'Weakening RTI Act': NCPRI raises concerns over Data Protection Rules

New Delhi: Transparency activists have opposed provisions in the Digital Personal Data Protection (DPDP) Act and Rules that disallows providing information citing privacy concerns and said the government should not operationalise it.

The National Campaign for Peoples' Right to Information (NCPRI) said the Digital Personal Data Protection Act has amended the RTI Act, seeking to exempt all personal information from the ambit of the transparency law.

"The amendment made to section 8(1)(j) of RTI Act seeks to exempt all personal information from disclosure. It does away with the exceptions carved out within the RTI Act wherein personal information could be denied only if it had no relationship to any public activity or public interest; or would cause unwarranted invasion of privacy," it said in a statement.

The statement was issued on behalf of NCPRI by activists Anjali Bhardwaj, Nikhil Dey, Venkatesh Nayak, Shailesh Gandhi, Amrita Johri and Kathyayini Chamraj among others.

The amendment has also done away with a provision to section 8(1) of the RTI Act which stated that information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person.

"The RTI Act has empowered millions of Indian citizens to seek information and hold the government accountable. It is well established that access to granular information, including personal information, is critical to empower people to undertake collective monitoring and ensure they are able to access their rights and entitlements. The amendments made to the RTI Act will place impediments and restrictions on such public disclosures," the statement said.

Insisting that the amendments "fundamentally weaken" the RTI Act, it said, "...the legal framework for privacy and data protection should complement the RTI Act and in no way undermine or dilute it."

Noting that the DPDP Act gives the power to the union government to notify the date for the provisions law to come into force and different dates may be appointed for different provisions, the NCPRI asked the government to not operationalise the contentious provisions and the Rules must clarify that the provisions of the DPDP Act will not prevail in case of any conflict between the provisions of this Act and the RTI Act.

It also found fault with the proposed composition of the selection committee consisting entirely of government functionaries and nominees to the Data Protection Board, as it would severely undermine its independence and autonomy .

"Given that the government is the biggest data repository, the adjudicating body- Data Protection Board must be appointed and must function in an independent manner. Therefore, the Chairperson and members of the DPB should be appointed by a committee which does not have a preponderance of government," it said.

The NCPRI suggested that the composition of the selection committee could be along the lines of the committee set up under the Lokpal Act or the committee directed by the Supreme Court to be set up for the appointment of Commissioners to the Election Commission of India.

"The creation of a Data Protection Board not adequately independent of the government, with powers to impose fines of up to Rs 250 crore (the central government can raise the maximum penalty imposable under the law to Rs. 500 crore by amending the schedule), raises apprehensions of potential misuse by the executive. We are also concerned by the excessive powers vested in the Central government under the Act including the power to exempt any government or even private sector entity from the application of provisions of the law by merely issuing a notification," it added.