Right To Privacy

Section 44(3) of the DPDP Act

Prelims Only | Polity | Mains Paper 2: Indian Constitution - historical underpinnings, evolution, features, amendments, significant provisions and basic structure
Note4Students

From UPSC perspective, the following things are important :

Prelims level: Section 44(3)

Why in the News?

Opposition parties have raised concerns over the Digital Personal Data Protection (DPDP) Act, 2023, demanding the repeal of Section 44(3), claiming it could undermine the Right to Information (RTI) Act, 2005.

About DPDP Act and Section 44(3)

  • Recognizing the right to privacy as fundamental in India, the Supreme Court in Justice K.S. Puttaswamy vs. Union of India (2017) led to the introduction of the DPDP Act in 2023.
  • The Act regulates the processing of personal data, balancing individual privacy rights and lawful processing needs.
  • Key Provisions: It mandates informed consent, establishes a Data Protection Board of India (DPBI), and outlines the responsibilities of data fiduciaries in ensuring data protection.
  • Section 44(3) modifies Section 8(1)(j) of the RTI Act, which previously exempted personal information from disclosure unless public interest justified it.
  • The amendment broadens this exemption, stating that all personal information should be exempt from disclosure, without requiring a public interest justification.

Concerns Related to Section 44(3)  

  • Reduced Transparency: Activists and critics argue that this section undermines the RTI Act, which has been a cornerstone of transparency and accountability in governance.
  • Limited Access to Public Information: The broad exemption allows government officials to shield information like asset disclosures, which are critical for public accountability.
  • Potential for Misuse: There are concerns that personal data protection could be used as an excuse to block vital information about government activities, weakening the public’s right to know.
  • Conflict Between Public Interest and Privacy: Critics argue that privacy protection should not override the principle of transparency.

Back2Basics: Right to Information (RTI) Act, 2005

  • The RTI Act, 2005 empowers Indian citizens to seek information from public authorities, ensuring transparency and accountability in governance.
  • RTI is considered a fundamental right under Article 19(1)(a) of the Indian Constitution, which guarantees freedom of speech and expression,
  • Key Features:
    • Applicability: Covers all government bodies, including central, state, and local authorities.
    • Public Information Officers (PIOs): Designated officials who are responsible for providing requested information within 30 days.
    • Exemptions: Some categories of information are exempted, such as national security matters and personal privacy.
    • Penalty: Officials can face fines for failing to provide information without valid reasons.

 

[UPSC 2018] Right to Privacy is protected as an intrinsic part of Right to Life and Personal Liberty. Which of the following in the Constitution of India correctly and appropriately imply the above statement?

(a) Article 14 and the provisions under the 42ndAmendment to the Constitution.

(b) Article 17 and the Directive Principles of State Policy in Part IV.

(c) Article 21 and the freedoms guaranteed in Part III.

(d) Article 24 and the provisions under the 44thAmendment to the Constitution.

 

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