NEW DELHI: Union IT minister Ashwini Vaishnaw has clarified that personal details that are subjected to public disclosure under various laws will continue to be disclosed under the Right to Information (RTI) Act even after the implementation of the new data protection rules.
“Any personal information that is subject to disclosure under legal obligations under various laws governing our public representatives and welfare programmes etc 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 individuals and prevent potential misuse of law,” Vaishnaw said in a letter to Congress MP Jairam Ramesh.
Vaishnaw’s clarification came is in response to a communique from the Congress leader, last month, seeking “to pause, review and repeal” section 44 (3) of the Digital Personal Data Protection (DPDP) Act 2023. In his letter, dated March 23, he said that section 44 (3) of the DPDP Act prohibits sharing personal information under the RTI Act 2005.
“Any personal information that is subject to disclosure under legal obligations under various laws governing our public representatives and welfare programmes like MGNREGA, etc will continue to be disclosed under the RTI Act,” the minister stated refuting the claim of the Congress leader.
Vaishnaw, who also holds the charge of I&B ministry, in his reply cited section 3 of the DPDP Act 2023 to explain the government’s stance. According to the section 3 of the DPDP Act, the provisions of the Act will not apply on personal data processed by an individual for any personal or domestic purpose and personal data that is made publicly available by the individual himself or any other person who is under an obligation under any law for the time being in force in India to make such personal data publicly available.
Right to privacy
The Supreme Court has held that the Right to Privacy is an integral part of the Right to Life protected as a fundamental right under Article 21 of Constitution, the minister wrote.