Neither the right to privacy nor the right to information
Source: The Hindu
For Prelims: Right To Information(RTI), Right to Privacy, Article 19
For Mains: Digital Personal Data Protection (Amendment) Bill 2023, Right To Information Act 2005
Highlights of the Article:
Digital Personal Data Protection (Amendment) Bill 2023
Right To Information Act 2005
Personal Data Protection
Friction between the right to information and right to privacy
Context:
"Personal data bill will boost the digital economy" said by Nasscom
The real reason Digital Personal Data Protection (Amendment) Bill 2023 in Parliament reveals -legalising data mining rather than safeguarding the right to privacy
UPSC EXAM NOTES ANALYSIS:
1. Right to Information Act, 2005
The Right to Information Act, 2005 is an important legislation enacted by the Indian government to promote transparency, accountability, and citizen empowerment in government processes.
The act allows Indian citizens to access information held by public authorities, thereby enhancing the citizens' ability to participate in governance and hold public officials accountable for their actions.
The RTI Act gives citizens the right to:
- Request information from any public authority
- Receive information in a timely manner
- Obtain information in a language they understand
- Obtain information free of charge, or at a minimal charge
- Appeal to the Central Information Commission or State Information Commission if their request for information is denied or not answered
2.Right to Information Vs right to privacy
- The Right to Information (RTI) Act, 2005 and the Right to Privacy are two fundamental rights that are guaranteed to citizens of India by the Constitution of India. However, there is a potential for conflict between these two rights, as the right to information can sometimes infringe on the right to privacy
- The RTI Act gives citizens the right to request information from any public authority. This includes information about government policies, procedures, and spending.
- The RTI Act also gives citizens the right to request information about their own personal records, such as their educational and employment records
- For Example, Under the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGS), mandatory disclosure provisions are meant to ensure that workers can monitor expenditures and also facilitate public scrutiny through social audits
- The Digital Personal Data Protection (Amendment) Bill, 2023 addresses the issue of friction between the right to information and the right to privacy by creating a new category of personal data called "sensitive personal data."
- Sensitive personal data is defined as data that is "likely to cause substantial harm" to an individual if it is disclosed without their consent. This includes data such as:
- Biometric data
- Financial data
- Medical data
- Sexual orientation data
- Gender identity data
- Caste data
- Religious data
- Political data
3. Shortcomings of Digital Personal Data Protection (Amendment) Bill 2023
- The Digital Personal Data Protection (Amendment) Bill, 2023 is a significant piece of legislation that aims to protect the privacy of individuals in India. However, the Bill has also been criticized for a number of shortcomings.
- Data Protection Board, an oversight body will be under the boot of the government as the chairperson and members are be appointed by the Central government (Section 19)
- The DPDP Bill 2023 attempts to pass off a lame-duck as a watchdog
- In Europe, the General Data Protection Regulation (GDPR) set a high standard for data protection
- It has a strong watchdog that operates in a society with universal literacy, and high digital and financial literacy
4. Conclusion
The Bill is a step forward in balancing the right to information and the right to privacy. It creates a new category of personal data that is subject to additional protections, and it gives individuals more control over their sensitive personal data. However, the Bill is not without its critics. Some argue that the Bill is too restrictive and that it will make it difficult for organizations to process personal data for legitimate purposes. Others argue that the Bill does not go far enough to protect privacy, and that it does not adequately address the issue of data profiling
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Practice Questions
1.Critically examine the challenges and limitations faced in the implementation of the Right to Information Act in India. Suggest measures to address these challenges and enhance its effectiveness
2.Explain the legal and ethical challenges that arise when personal data of individuals is requested under the right to information. How can laws and regulations strike a balance between transparency and the protection of private information?
3." Recent amendments to the Right to information act will have a profound impact on the autonomy and independence of the Information Commission. Discuss (UPSC GS-II 2020)
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