Relevance: GS2-SEC3

Introduction

• The Digital Personal Data Protection (DPDP) Act, 2023 was enacted to safeguard individual privacy in the digital era.
• It lays down provisions for lawful data processing and aims to regulate the collection, storage, and transfer of personal data by both government and private entities.

Significance of the DPDP Act

1. Upholds Privacy as a Fundamental Right
   • Enacted in light of the Justice K.S. Puttaswamy vs Union of India (2017) judgment that declared privacy as a fundamental right.
2. Data Protection Framework
   • Establishes norms for processing personal data by data fiduciaries to ensure accountability and user protection.
3. Informed Consent and Purpose Limitation
   • Makes consent of individuals central to data processing, limited to lawful and specified purposes.
4. Digital Governance and Ease of Doing Business
   • Provides legal clarity for digital service providers, potentially boosting the digital economy.
5. Global Compliance
   • Helps align Indian data laws with global standards like the EU’s General Data Protection Regulation (GDPR), promoting cross-border digital trade.

Concerns and Controversies: Section 44(3) & its Impact

1. Clash with RTI Act, 2005
   • Section 44(3) empowers the government to override Section 8(1)(j) of the RTI Act, restricting access to personal information of public officials even when public interest is involved.
2. Transparency vs Privacy Debate
   • Activists argue that the clause curtails citizen access to information regarding public authorities, potentially hampering transparency and accountability.
3. Vague Language and Broad Discretion
   • Terms like “incidental thereto” and broad power to exempt authorities can lead to arbitrary denial of information.
4. Impact on Whistleblowing and Investigative Journalism
   • Makes it harder to access information on corruption, misuse of office, or inefficiency in public service delivery.
5. Undermining RTI Jurisprudence
   • The Supreme Court and Central Information Commission (CIC) have upheld public interest disclosures under RTI; DPDP may reverse this progressive trend.

Way Forward

• Clear distinction and balance between right to privacy and right to information must be maintained.
• Section 44(3) must be revised to uphold the spirit of the RTI Act, ensuring that public interest overrides in cases of official accountability.
• Transparent rule-making and meaningful public consultations are necessary to avoid diluting democratic rights.

Conclusion

• While the DPDP Act is a much-needed legislation to ensure digital privacy and data governance, its provisions must not infringe upon democratic rights like transparency and access to information.
• A nuanced and balanced approach is essential to uphold both citizen privacy and public accountability in a digital democracy.

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