A Bill that fences in the right to information

Source:The Hindu

For Prelims: Digital Personal Data Protection Bill, Right to Information (RTI) Act, Mazdoor Kisan Shakti Sangathan, Department of Personnel and Training, 

For Mains: Right to Information - Protection of Personal Data

Highlights of the Article:

• The Indian Right to Information (RTI) Act, effective since 2005, is considered one of the best transparency laws globally and empowers citizens to hold the government accountable and curb corruption.
• The proposed Digital Personal Data Protection Bill contains provisions that could significantly weaken the Indian citizen's right to information, especially the plan to amend Section 8(1)(j) of the RTI Act.
• Section 8(1)(j) of the RTI Act currently exempts personal information not related to public activity or that invades an individual's privacy. However, it includes an acid test stating that information not denied to Parliament cannot be denied to any person.
• The misuse of the exemption under Section 8(1)(j) has been prevalent, with public officials using it as a blanket statement to deny information and cover up arbitrary, corrupt, or illegal acts.
• If the proposed amendment is made, almost all information related to a person could be legally denied, rendering the RTI Act ineffective as a tool for citizens to access government information and leading to a major regression for democracy.

Context: 

The context of the article is the introduction and approval of the proposed Digital Personal Data Protection Bill in India. The Union Cabinet has given its approval to the bill and is planning to table it in the monsoon session of Parliament. The bill aims to regulate the protection of personal data in the digital realm.

UPSC EXAM NOTES EDITORIAL ANALYSIS:

1.Introduction:

The article discusses the approval and impending tabling of the Digital Personal Data Protection Bill in India. While this bill aims to regulate personal data protection in the digital space, the focus of the article is on two provisions that might weaken the Indian citizen's right to information. It highlights the significance of the Indian Right to Information (RTI) Act, its role in empowering citizens, and concerns about potential regressive implications if Section 8(1)(j) of the RTI Act is amended.

2.The Power of Indian Right to Information (RTI) Act:

• The Indian RTI Act, established in 2005, is praised as one of the world's best transparency laws. It empowers citizens and recognizes their role as owners and rulers of India.
• This law emerged from the Mazdoor Kisan Shakti Sangathan's efforts and underwent careful crafting by an all-party parliamentary committee. It harmonizes the need for an efficient government with transparency and democracy.

• Section 8(1)(j) currently exempts personal information not related to public activity or invading an individual's privacy. It includes an acid test stating that information deniable to Parliament cannot be denied to any person.
• Public officials have widely misused this exemption, using it to cover up arbitrary, corrupt, or illegal actions. Many refusals were made without adhering to the law's requirements.

• The article raises concerns about the proposed amendment to Section 8(1)(j) of the RTI Act within the Digital Personal Data Protection Bill.
• If this amendment is made, all information related to a person could be legally denied, leading to a "Right to Deny Information" situation for PIOs who may not wish to disclose information.

• The proposed amendment may render the RTI Act ineffective as a tool for citizens to access government information.
• Since the definition of "person" in the bill is broad, nearly all information, except budgets, could be linked to a person, allowing for potential denials.

• The proposed amendment could lead to a major regression for democracy in India.
• The Indian RTI Act has not caused harm to national or personal interests in its 18-year history. It has been instrumental in exposing wrongdoing and corruption, empowering citizens to hold the government accountable.

7.Conclusion:

The article concludes by highlighting the importance of the Indian RTI Act and expressing concerns about the potential impact of the proposed Digital Personal Data Protection Bill. It emphasizes the need for preserving citizens' right to information as a vital tool in upholding democracy and transparency in the country. The article calls for careful consideration and debate before finalizing any amendments that may weaken the citizens' right to information.