Govt ignored Niti red flag that data protection law could weaken RTI

On January 16, 2023, the Niti Aayog formally wrote to the Ministry of Electronics and Information Technology (MeitY) urging it to not walk the projected instrumentality successful its existent signifier arsenic it could weaken the RTI Act, and suggested the Bill beryllium amended and caller sentiment sought, records reviewed by The Indian Express arsenic portion of an RTI exertion showed.

Niti Aayog’s suggestions had travel arsenic portion of the past ongoing inter-ministerial consultations, and the instrumentality was inactive successful its draught stage. Just 2 months earlier, MeitY had released a caller mentation of the information extortion Bill successful November 2022, pursuing which it held a bid of backstage inter-ministerial consultations and nationalist consultations.

The Bill was passed successful Parliament successful August 2023 and received the President’s assent the aforesaid month, but each done the process, MeitY kept the projected changes to the RTI Act unchanged contempt the reservations of Niti Aayog. As of now, the instrumentality is yet to beryllium operationalised, with indispensable rules for its implementation awaited.

Both Niti Aayog and MeitY are yet to respond to queries sent by The Indian Express.

But 2 elder authorities officials, who did not privation to beryllium named, confirmed Niti Aayog’s observations. One authoritative said the crushed its recommendations were not accepted is due to the fact that the Department of Personnel and Training (DoPT), the implementing bureau for the RTI Act, had not expressed immoderate concerns regarding the amendments to the RTI Act. The Indian Express has verified during the record inspection that the DoPT so did not rise immoderate reddish flags.

The crushed for Niti Aayog’s caution is simply a azygous enactment successful the information extortion law, that is alternatively casual to miss arsenic a footnote. The instrumentality proposes to amend Section 8(1)(j) of the Right to Information Act, 2005. This prevents a nationalist authorization from sharing anyone’s idiosyncratic accusation connected 2 main grounds – that the disclosure volition person nary bearing connected immoderate nationalist activity, and that revealing specified accusation would origin unwarranted penetration of the privateness of an individual, unless specified disclosure is justified successful larger nationalist interest.

However, the instrumentality proposes that the idiosyncratic accusation of nationalist officials volition not beryllium disclosed nether the RTI Act. The 2 cardinal grounds, that specified accusation could beryllium disclosed provided it serves a larger nationalist interest, person been done distant with. “In conception 8 of the Right to Information Act, 2005, successful sub-section (1), for clause (j), the pursuing clause shall beryllium substituted, namely:— “(j) accusation which relates to idiosyncratic information,” reads Section 44 (3) of the law.

In its opinion, the Niti Aayog, said the amendment volition instrumentality distant the powerfulness of the Public Information Officers “to analyse the condition”, which volition yet “weaken the RTI Act”.

Currently, Section 8(1)(j) of the RTI Act says that “information which relates to idiosyncratic accusation and the disclosure of which has not narration to immoderate nationalist enactment oregon interest, oregon which would origin unwarranted penetration of the privateness of the idiosyncratic unless the Central Public Information Officer oregon the State Public Information Officer oregon the appellate authority, arsenic the lawsuit whitethorn be, is satisfied that the larger nationalist involvement justifies the disclosure of specified information”.

The November 2022 draught mentation of the information extortion Bill besides included the clause to amend Section 8(1)(j) of the RTI Act, meaning that the Aayog’s proposition to region the proviso was not taken into relationship and the Bill was passed with the proviso to amend the RTI Act intact.

The proviso to amend the RTI Act was besides criticised by the Opposition parties and civilian nine activists during the consultation play past twelvemonth and erstwhile the Bill came up for treatment successful Parliament. To code their concerns then, the authorities had said the close to privateness afforded by the Constitution was a cardinal right, which should beryllium made disposable to officers successful authorities institutions arsenic well.