NEW DELHI, April 10: Opposition INDIA bloc on Thursday demanded repeal of certain provisions of the Digital Personal Data Protection (DPDP) Act, contending that these sought to curtail access to public information under the pretext of safeguarding privacy.
Some INDIA bloc leaders, including Gaurav Gogoi (Congress) and M M Abdulla (DMK), addressed a joint press conference seeking the repeal of Section 44(3) of the DPDP Act that was passed by Parliament in 2023. They also said they have signed a joint memorandum for repeal of this section and it will be submitted to Information and Technology Minister Ashwini Vaishnaw.
“We have been studying the implications of the Digital Data Protection Act and have come to understand that the recent amendments have a draconian impact on citizens’ rights and press freedom,” Gogoi said.
Related Posts:
Vaishnaw dismissed the apprehension voiced by the Opposition and asserted that any personal information subject to disclosure under legal obligations under various laws governing public representatives and welfare programmes will continue to be disclosed under the RTI Act.
“In fact, this amendment will not restrict disclosure of personal information, rather it aims to strengthen the privacy rights of the individuals and prevent the potential misuse of the law,”Vaishnaw said in response to a letter written by Congress leader Jairam Ramesh on the issue on March 23.
Section 8(1)(j) of the RTI Act allowed withholding of personal information if its disclosure was unrelated to any public activity or interest or would result in an unwarranted invasion of privacy.
However, this restriction was subject to an important safeguard: if the Central Public Information Officer, the State Public Information Officer, or the appellate authority determined that disclosing the information served a larger public interest, it could still be made available.
Gogoi claimed that Section 44 (3) of the DPDP Act amended Section 8(1)(j) of the RTI Act and it now allowed government bodies to withhold “information which relates to personal information,” with no consideration for the public interest or any other exception.
“The Digital Data Protection Act has devastated another act passed by Parliament, which is the Right to Information Act,” Gogoi said, adding that over 120 opposition MPs have signed the joint petition.
He said a group of civil rights activists had reached out to INDIA bloc leaders, including Leader of the Opposition Rahul Gandhi, during the recent Budget Session to share their apprehensions about the amendments to the DPDP Act.
He said the Act is yet to be notified by the government as consultations were ongoing on the rules of the law.
Gogoi said the DPDP Bill was passed by Parliament when the opposition had moved a no confidence motion against the government on the Manipur issue.
The Congress leader also suggested that the government had introduced amendments to the bill that fundamentally altered the report of the Joint Parliamentary Committee set up to examine the draft legislation.
Talking about the passage of the Act in Parliament in 2023, Gogoi said, “There was a JPC set up, an extensive report was presented, and subsequently the government, as it has the habit, when it is going to pass the Bill, brings certain amendments, which have fundamentally changed the nature of the JPC report.”
The DPDP Bill, which became the Digital Personal Data Protection Act, 2023, was passed by Lok Sabha on August 7, 2023, and by Rajya Sabha on August 9, 2023. It received presidential assent on August 11, 2023.
The press conference was also attended by Priyanka Chaturvedi (Shiv Sena-UBT), John Brittas (CPI-M), Javed Ali Khan (SP) and Naval Kishor (RJD).
The Opposition’s petition said that the amendment removes the crucial proviso of Section 8(1) that states “information which cannot be denied to Parliament or a State Legislature shall not be denied to any person”.
Elaborating on it, Gogoi gave an example, and said, “So tomorrow, if you want information on collapsing bridges in Bihar, and you ask for the information of the contractor, you may be denied.”
“Very surreptitiously, maliciously, and mischievously, the right of citizens to information has been snatched by the DPDP Act,” he alleged.
Shiv Sena (UBT) leader Chaturvedi said it is also an attack on freedom of press.
“You are taking Right to Information towards ‘road to ignorance’, so that people do not get to know about any corruption. The DPDP Act in 2019 had no such provision, in 2021, after it went to the JPC, no such provision was there either. In 2023 they brought in these provisions which will make RTI null and void,” she said.
SP’s Ali said they are appealing to the government right now, and will look at other options when the time comes.
Brittas called the RTI Act a landmark, and said, “at a stroke they have done away with the RTI act, and it will have far reaching implications for the media”.
The petition signed by Opposition leaders has said that amendments made through the DPDP Act drastically weaken the RTI Act and will have a detrimental impact on citizen’s fundamental right to information.
“We believe that the legal framework for privacy and data protection should complement the RTI Act and in no way undermine or dilute it,” the petition said. (PTI)
