[rti4empowerment] Re: Amendment to Section 8(1)(j)

Clash between section 8(2) RTI Act and section 44(3) of DPDP Act is going to be crucial. At this moment it is difficult to predict as both these Acts are central legislations, and section 22 of RTI Act has overriding powers  as non-obstinate clause, and section 38 of Deep Act has power to prevail to the extent of conflict with other laws . Hence we have to see how harmoniously this clash is resolved 

Pralhad Kachare

On Thu, 24 Aug 2023, 22:09 rajesh verma, <smilingverma@yahoo.co.in> wrote:

Can Section 8(2) of the RTI Act overcome the Section 44(3) of the DPDP Act?

Read more at: - Can Section 8(2) of the RTI Act overcome the Section 44(3) of the DPDP Act? | RTI Foundation of India

- Can Section 8(2) of the RTI Act overcome the Section 44(3) of the DPDP... Section 44(3) of the DPDP Act restricts the disclosure of information in larger public interest u/s 8(1)(j)

Dr. R. K. Verma 

On Monday, 21 August, 2023 at 11:06:03 am IST, shailesh gandhi <shaileshgan@gmail.com> wrote:

In my opinion the original Section 8 (1)(j) exempts:

(i)     information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information:

 Provided that the information, which cannot be denied to the Parliament or a State Legislature shall not be denied to any person

44(3) of DPDP states:

(3) In section 8 of the Right to Information Act, 2005, in sub-section (1), for clause (j),
the following clause shall be substituted, namely:—
"(j) information which relates to personal information;".

Thus all information which can be called personal can be refused.

Mr. Zagade says this has profound implications. I agree and state that effectively RTI becomes RTD: Right to DENY Information. 

I believe we should  try and create public opinion to get back the original provision. Attaching my article on this:

https://timesofindia.indiatimes.com/india/why-rti-is-likely-to-become-rdi-right-to-deny-information-soon/articleshow/102856350.cms 

Love
shailesh

If you want more information on RTI visit www.satyamevajayate.info 
All my emails are in public domain.

Mera Bharat Mahaan Nahi Hai,

Per yeh Dosh, Mera Hai

Tel: 91 8976240798

On Mon, Aug 21, 2023 at 8:23 AM Mahesh Zagade <zmahesh@hotmail.com> wrote:

The change in (j) represents a significant and far-reaching alteration, as it effectively imposes a complete prohibition on the sharing of personal information under the Right to Information Act. 

This change has profound implications for transparency and accountability, as it restricts the public's access to crucial information that is vital for holding individuals and institutions accountable. By barring the sharing of personal information, this amendment undermines the very essence of the Right to Information Act, which was designed to empower citizens with the ability to access and scrutinize government records and information.

Regards,

Mahesh Zagade, IASx,

Ex-Principal Secretary to Government of 

Maharashtra(India)

Zmahesh@hotmail.com 

Mahesh.Alpha@gmail.com 

www.maheshzagade.org

On 21-Aug-2023, at 7:44 AM, Adv. Pralhad Kachare <pkachare@gmail.com> wrote:



I have checked final copy of DPDP Act published by Mety GoI the link is below and copy is attached.

https://www.meity.gov.in/writereaddata/files/Digital%20Personal%20Data%20Protection%20Act%202023.pdf

Section 44(3) 

(3) In section 8 of the Right to Information Act, 2005, in sub-section (1), for clause (j),the following clause shall be substituted, namely:—

"(j) information which relates to personal information;".

From the above what is substituted is not clear, does it mean there seems to be no damage to section 8(1)(j) as it was published in the draft bill,   apparently  ? 

***********************
Pralhad Kachare

Cell- 9422750464

***********************

<Digital Personal Data Protection Act 2023 (1).pdf>

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"Information is a source of learning. But unless it is organized, processed, and available to the right people in a format for decision making, it is a burden, not a benefit."
William Pollard quotes

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