The Bill seeks to establish a comprehensive legal framework governing digital personal data protection in India.
The proposed Digital Personal Data Protection Bill contains two provisions that would weaken the right to information of Indian citizens.
The Right to Information (RTI) Act, effective since October 12, 2005, is considered one of the world's best transparency laws.
The RTI Act empowers citizens and recognizes their role as the rulers and owners of India.
The RTI Act was the result of people's struggles, particularly led by the Mazdoor Kisan Shakti Sangathan in rural Rajasthan, which eventually led to the drafting of the law in 2004.
The provisions of the RTI Act were carefully crafted through intense discussions and the involvement of an all-party parliamentary committee.
The preamble of the RTI Act elegantly states that democracy requires informed citizens and transparency in government affairs to hold the government accountable and combat corruption.
The RTI Act strikes a balance between the need for an efficient government and upholding democratic ideals.
The right to access information is the default mode according to the law, with only ten categories of information exempted from disclosure.
The exemptions are outlined in Section 8(1), consisting of subsections from a to j.
Section 8(1)(j) is the most commonly misused exemption, which pertains to personal information not related to public activity or invading an individual's privacy.
There is a proviso in Section 8(1)(j) stating that information that cannot be denied to Parliament or a State Legislature should not be denied to any person.
The law allows for exemption of personal information if it is unrelated to public activity or would infringe on an individual's privacy.
A special proviso, acting as an acid test, is provided to help officers, Information Commissioners, or judges make the right decision.
Anyone claiming exemption under Section 8(1)(j) must make a statement confirming that they would not deny this information to Parliament.
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