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Contents
Source– The post is based on the article “A Bill that fences in the right to information” published in “The Hindu” on 18th July 2023.
Syllabus: GS 2 – Governance
Relevance– Issues related to Right to Information Act
News- Union Cabinet has approved the Digital Personal Data Protection Bill. It makes some changes to the Right to Information.
What are some facts about the RTI Act?
The Indian Right to Information Act has been in existence since 2005. It empowers citizens and recognises them as true rulers.
It was the result of efforts by the Mazdoor Kisan Shakti Sangathan.
Its preamble states that democracy requires informed citizens and transparency in governance to hold government accountable and curb corruption.
It leads to an efficient government while preserving the ideals of democracy.
Those in power structure are threatened by this transfer of power to the ordinary citizen. Citizens have used this democratic instrument to expose wrongdoing and corruption.
Ten categories of information have been exempted from disclosure to protect some legitimate interests and working of the government. These are outlined in Section 8(1).
The most widely misused exemption is Section 8(1)(j). It exempts personal information which is not associated with public activity, or which harms the privacy of an individual.
It has a provision which states the information, which cannot be denied to the Parliament or a State Legislature, shall not be denied to any person.
Many officials refuse information by claiming that it was personal information, and they would not give it. It has been used to cover arbitrary, corrupt or illegal acts of government officials.
Some examples are denial of details of the beneficiaries of the Prime Minister’s fund; bogus caste certificates, education certificates: verification of affidavits of elected representatives; unfair assessment of students and job seekers in government; file notings and minutes of meetings.
How will the proposed Data Protection Bill have an impact on the RTI Act?
The proposed Data Protection Bill plans to amend RTI Act Section 8(1)(j). It will exempt information under 8(1)(j), which is related to personal information.
If this amendment is made, all information which can be related to a person could be legally denied.
Most information could be shown as being related to a person. Whenever a PIO wants to deny information, he will be able to link it to some person.
The proposed Bill defines the term ‘person’ very widely. It includes individuals, companies, and the state. Most information except budgets would be linked to one of these.
Thus, the RTI would become a Right to Deny Information. It will be an ineffective tool.
