On Thursday, 10th April, Union Information and Technology Minister Ashwini Vaishnaw responded to Congress leader Jairam Ramesh’s letter wherein the latter claimed that Section 44(3) in the Data Protection Act 2023 would “destroy” the Right to Information Act (RTI Act 2005).
In his letter to the IT Minister, Jairam Ramesh had demanded that Section 44(3) of the Data Protection Act, 2023 be repealed as it “destroyed” the RTI Act, 2005. “The Proviso in Section 8(1)(j) of the RTI Act, 2005, which gives citizens equal right to information as legislators who represent them is totally eliminated,” Ramesh wrote.
Section 44(3) of the Data Protection Act, 2023 virtually destroys the Right to Information Act, 2005. I have written to the Minister concerned in this regard urging for pause, review, and repeal of that dangerous Section. pic.twitter.com/piOfR7Arho
— Jairam Ramesh (@Jairam_Ramesh) March 23, 2025
Responding to the Congress leader’s letter dated 23rd March 2025, Minister Vaishnaw wrote that 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.”
He further highlighted 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. This right to privacy is closely linked to the protection of personal information.
Jairam Ramesh Ji, https://t.co/TD9nFnoAqM pic.twitter.com/IYyj11gCWW
— Ashwini Vaishnaw (@AshwiniVaishnaw) April 10, 2025
“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. The DPDP Act, as enacted by the Parliament, harmonizes this requirement while maintaining the need for transparency in public life. This is ensured through section 3 of the DPDP Act,” Minister Vaishnaw’s letter to Jairam Ramesh reads.
*Subject to the provisions of this Act, it shall -… (c) not apply to… () personal data that is made or caused to be made publicly available by… (B) 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,” it adds.
The IT Minister further stated that any personal information that is subject to disclosure under legal obligations under various laws governing our public representatives and welfare programs like MGNREGA, etc, will continue to be disclosed under the RTI Act. He added that this amendment will not restrict disclosure of personal information; instead, it aims to strengthen the privacy rights of individuals and prevent the potential misuse of the law.
