+
 
For the best experience, open
m.thewire.in
on your mobile browser or Download our App.
You are reading an older article which was published on
Mar 14, 2023

MPs, Civil Society Groups Oppose Changes to RTI Act Through Data Protection Bill

They expressed fear that the Digital Personal Data Protection Bill, which is likely to be introduced in the ongoing budget session of parliament, will severely restrict the scope of the Right to Information (RTI) Act.
Left to Right: Opposition MPs John Brittas, Karti Chidambaram and Jawhar Sircar at Constitution Club in Delhi during a meeting on Digital Personal Data Protection Bill. Photo: Twitter/@JohnBrittas.

New Delhi: Several political parties, concerned citizens and rights campaigns have opposed the proposal of the Union government to amend the Right to Information (RTI) Act through the Digital Personal Data Protection Bill (DPDP Bill) which is likely to be introduced in the ongoing second half of the Budget session of parliament.

They have stated that the amendments will severely restrict the scope of the RTI legislation.

‘Centre trying to weaken rights of people’

During a meeting organised by various rights campaigns at the Constitution Club on Monday, March 13, Congress MP Karti Chidambaram, who is a member of the Standing Committee which examined the DPDP Bill, said through the amendment the government is trying to weaken peoples’ rights and centralising power with itself. He said that in balancing the RTI and the data protection bill, no amendments should be made to the RTI Act.

Also read: Activists, Information Commissioners Fear Data Protection Bill Will Crush RTI Act Provisions

Chidambaram also accused the government of usurping several powers related to the oversight body proposed to be set up under the DPDP Bill and said that his party will oppose these anti-people and anti-RTI provisions.

‘House panel did not discuss how DPDP Bill would impact the RTI Act’

Jawahar Sircar of Trinamool Congress, who is also a member of the Standing Committee, too shared the view saying the Bharatiya Janata Party (BJP) government has all through worked towards diluting the fundamental rights of the people. He too demanded that the RTI Act should not be weakened in any way and shared that though the Standing Committee had deliberated on the issue, it did not focus on how the amendment would impact the RTI Act.

Communist Party of India (Marxist) MP John Brittas, who is also in the Standing Committee, said people need to remain alert since often there are “conspiracies and ulterior motives” behind the actions of the Union government. He added that the DPDP Bill should only be brought in to benefit people by protecting and furthering their rights and not weakening the RTI Act.

Representative image of RTI. Illustration: The Wire

The three MPs who are part of the Standing Committee on Communications and Information Technology also stated that the panel had not approved the DPDP Bill, 2022, as claimed by the minister of electronics and information technology.

Communist Party of India MP Azeez Pasha spoke about how the Centre has been trying to “silence” all those who question it. Stating that the amendments to the RTI Act were also in that direction, he said his party would strongly oppose any such move.

‘Concerns of citizens not being taken into consideration’

Ghanshyam Tiwari of the Samajwadi Party accused the government of “hiding” crucial information and not disclosing information that is relevant for public accountability. He also said that the government must disclose who it had consulted on the DPDP Bill and why the concerns of the citizens were not being taken into consideration.

Also read: Data Protection Bill Being Pushed by Without Proper Consultative Process, Say Activists

Senior advocate of the Supreme Court, Prashant Bhushan, said accessing information was already a challenge and if the amendments would come through then most of the information crucial for seeking accountability from the government will go outside the purview of the RTI Act. He said the government already denies a lot of information citing privacy and the issues on which it has done so range from names of bank defaulters to its own decision making processes.

‘Draft DPDP Bill has failed to harmonise it with RTI Act’

Co-convener of the National Campaign for People’s Right to Information (NCPRI), Anjali Bhardwaj, explained that the draft DPDP Bill was expected to develop a framework balancing the need to protect certain kinds of personal data with the provisions of the Right to Information Act, 2005, which lays out the statutory framework for Indian citizens to access information, including personal information.

She said the draft Bill, which was made public by MeitY in November 2022, however, fails to safeguard and harmonise the two.

“The proposed Bill seeks to amend the provision regulating the disclosure of personal information to expand its purview and exempt all personal information from the ambit of the RTI Act. Also, based on an incorrect understanding of the RTI law, it seeks to delete a key overarching provision which lays down the conditions under which even information which qualifies to be exempt from disclosure is liable to be provided under the RTI Act,” she pointed out.

Former chief information commissioner Wajahat Habibullah said the proposed amendments would fundamentally destroy the RTI Act as they would give a wide and non-specific definition of what constitutes privacy.

‘Move may make it difficult to access information on names, opinions of officials’

Transparency activist Commodore Lokesh Batra (Retd.) spoke about how the proposed amendment would cause hindrances on even accessing the information on decision-making as they would deny names and opinions of officials on the pretext of privacy.

Nikhil Dey of NCPRI shared the view, saying that public disclosure of information was crucial for people to be able to access their rights. He cited the example of the MGNREGA public database which enables people to carry out public monitoring and tracking of funds, wages, and work sites, and said if such information is removed due to the DPDP Bill, people will find it impossible to access their rights.

The public meeting also passed a resolution demanding that “regressive amendments” not be made to the RTI Act. It also criticised the centralisation of power sought to be done through the DPDP Bill and urged that this Bill be put through a proper process of consultation, including in Hindi and regional languages, before being taken forward.

Make a contribution to Independent Journalism
facebook twitter