IT Minister Vaishnaw cites apex court judgment to refute Jairam Ramesh's argument on DPDP Act

New Delhi, April 10: Union Electronics and Information Technology Minister Ashwini Vaishnaw on Thursday, in his reply to Congress leader Jairam Ramesh, highlighted that the Digital Personal Data Protection Act, 2023, is in harmony with privacy principles as enshrined in the Supreme Court’s judgment in the Puttaswamy case and the principles of transparency in public life as enacted in the Right to Information Act (RTI) Act.

Ramesh, in his letter to the IT Minister, said: "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.”

However, Vaishnaw has stated in his reply that in the Puttaswamy judgment, the Supreme Court 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. The 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 emphasised, the IT Minister’s letter points out.

The DPDP Act, as enacted by the Parliament, harmonises this requirement while maintaining the need for transparency in public life, the letter states.

This is ensured through Section 3 of the DPDP Act which states: "Subject to the provisions of this Act, it shall 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. In fact, this amendment will not restrict disclosure of personal information, rather, it aims to strengthen the privacy rights of the individuals and prevent the potential misuse of the law, the IT Minister concluded.

Reader Comments

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Priya K.

Finally some clarity on this issue! Privacy and transparency can coexist when implemented properly. The minister's explanation makes sense - we need both rights protected in the digital age. 👍

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Rahul M.

I appreciate the detailed response from the IT Minister. It's good to see references to Supreme Court judgments rather than just political rhetoric. More discussions should be like this!

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Anjali S.

While I understand the need for privacy protections, I'm still concerned about potential loopholes that might be used to deny legitimate RTI requests. The implementation will be key here.

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Sanjay P.

The balance between privacy and transparency is tricky but essential. Glad to see the government referencing the Puttaswamy judgment - shows they're taking constitutional rights seriously.

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Meena R.

I wish politicians would focus more on educating citizens about these laws instead of just arguing with each other. Most people don't understand their digital rights at all! 😕

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Vikram J.

Respectfully, I think the minister's response could have addressed Jairam Ramesh's specific concern about Section 44(3) more directly. The explanation is good but feels slightly evasive on that particular point.

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