Ashwini Vaishnaw refutes Jairam Ramesh's claim, says Data Protection Act in harmony with RTI Act

ANI April 10, 2025 140 views

The ongoing debate between IT Minister Ashwini Vaishnaw and Congress leader Jairam Ramesh centers on the Digital Personal Data Protection Act's impact on information transparency. Vaishnaw robustly defended the legislation, stating it harmoniously integrates privacy principles established by the Puttaswamy judgment with existing RTI Act provisions. He specifically emphasized that legal obligations for public information disclosure remain unchanged, directly countering Ramesh's concerns about potential information suppression. The exchange highlights the complex balance between personal privacy and public information access in India's evolving digital governance landscape.

"The Digital Personal Data Protection Act, 2023 is in harmony with privacy principles" - Ashwini Vaishnaw
New Delhi, April 10: The Digital Personal Data Protection Act, 2023, is in harmony with principles of transparency in public life as enacted in the Right to Information (RTI) Act, Union IT Minister Ashwini Vaishnaw said in a letter addressed to Congress General Secretary Jairam Ramesh.

Key Points

1

Vaishnaw affirms Data Protection Act aligns with Puttaswamy judgment

2

Clarifies RTI disclosure rights remain intact

3

Explains protection of personal information principles

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Rebuts Jairam Ramesh's elimination claim

Vaishnaw's reply came after the Congress leader urged the government to "pause, review and repeal" Section 44 (3) of the Data Protection Act claiming otherwise it would "eliminate" the provisio in Section 8 (1) of the Right to Information Act (RTI) 2005, which gives citizens equal right to information.

Clarifying to Jairam Ramesh, Ashiwni Vaishnaw wrote that the Data Protection Act is in harmony with principles of privacy and principles of transparency in public life, maintaining that Right to Privacy is closely linked to the protection of personal information

"The Digital Personal Data Protection Act, 2023 is in harmony with privacy principles as enshrined in the Puttaswamy judgment and the principles of transparency in public life as enacted in the Right to Information (RTI) Act," Ashwini Vaishnaw wrote in his letter.

https://x.com/AshwiniVaishnaw/status/1910267706827211065?t=_0OD0lDLKP4ueIwASkWLjQ&s=08

"In the Puttaswamy judgment, the Hon'ble Supreme Court of India held that the Right to Privacy is an integral part of the Right to Life protected as a fundamental right guaranteed under Article 21 of the Constitution. This right to privacy is closely linked to the protection of personal information. Therefore, throughout the extensive consultation process, both with the civil society and in multiple parliamentary fora, the need for harmonious provisions between the right to information and the right to privacy was emphasized," he added.

Noting Section 3 of the Data Protection Act, Vaishnaw said that the act does not apply to "personal data that is made or caused to be made publicly available by any other person who is under an obligation under any law for the time being in force in India to make such personal data publicly available"

"Therefore, any personal information that is subject to disclosure under legal obligations under various laws governing our public representatives and welfare programmes like MGNREGA, etc will continue to be disclosed under the RTI Act," Vaishnaw clarified.

Jairam Ramesh, on March 23, pointed that Data Protection Act, 2023, states that, "In section 8 of the Right to Information Act, 2005, in sub-section (1), for clause (j), 2005, the following clause shall be substituted, namely, (j) information which relates to personal information", Ramesh argued that "the implications of this on Section 8 (1) (j) of the RTI Act, 2005, are that almost everything in it gets deleted."

Ramesh said that the Provisio in Section 8 (1) of RTI Act, 2005 gives citizens equal right to information as legislators who represent them is eliminated

"The existing Section 8 (1) (6) of the RTI Act, 2005, had enough guardrails to protect unwarranted invasion of privacy. In the interests of transparency and accountability, I would urge you to pause, review and repeal Section 44 (3) of the Data Protection Act, 2023, which destroys the RTI ACT, 2005," Ramesh told Vaishnaw.

Reader Comments

R
Rahul K.
Finally some clarity on this issue! Privacy and transparency can coexist if implemented correctly. The minister's explanation makes sense - public data stays public while personal data gets protection. 👍
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Priya M.
I'm not fully convinced. While the intentions seem good, I worry about potential loopholes that might be exploited to deny legitimate RTI requests. The balance seems delicate and needs careful monitoring.
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Ankit S.
RTI has been such an important tool for accountability. Glad to see the government addressing concerns about its interaction with data protection laws. Hope they continue to engage with civil society on this.
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Sunita T.
This back-and-forth between ministers shows healthy democratic debate! Both sides raise valid points. At the end of the day, we need both privacy AND transparency to function as a modern democracy. 🤝
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Vikram J.
The technical details here are complex but important. As someone who files RTIs regularly, I appreciate the clarification about MGNREGA and other welfare program data remaining accessible. That was my main concern.
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Neha P.
While I support data protection, I think Jairam Ramesh makes a fair point about Section 44(3). Maybe there should be a sunset clause to review its impact on RTI after 2 years? Constructive criticism can improve legislation.

We welcome thoughtful discussions from our readers. Please keep comments respectful and on-topic.

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Tags:
Data Protection Act Ashwini Vaishnaw Jairam Ramesh RTI Act Privacy Rights Supreme Court Digital Law
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