Now Reading: SC to examine if data law cripples RTI, journalism
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SC to examine if data law cripples RTI, journalism
The Supreme Court on Friday agreed to examine whether the Digital Personal Data Protection Act, 2023 can be used to cripple the Right to Information Act by classifying all data as 'personal'…
The Story in Brief
The Supreme Court on Friday agreed to examine whether the Digital Personal Data Protection Act, 2023 can be used to cripple the Right to Information Act by classifying all data as 'personal' and to gag investigative journalists. The court noted that the DPDP Act imposes an 'en bloc embargo' on data sharing, while the RTI Act operates on a 'much larger domain.' It said both are central laws requiring harmonisation.
Petitioners argued that Section 44(3) of the DPDP Act amends the RTI Act's exemption clause, allowing public authorities to refuse information simply by citing personal data. The court also observed that journalists have no 'special category' right to access data under the Act. The court will now examine if the data protection law effectively repeals earlier transparency legislation.
The Indian Opinion
The debate pits privacy against transparency, but the Court has rightly asked for a nuanced balance. Some commentators brand the DPDP Act a 'gag order' on RTI, ignoring that exemptions existed earlier and public interest tests were already weak. Others argue privacy must trump all, forgetting that the RTI Act itself has safeguards. The real test is whether the Court will define 'personal data' narrowly enough to keep public functionaries accountable, or leave citizens in the dark.
Source: thehindu.com
This story was synthesised by AI from the source linked above.
