MeitY Clarifies RTI–DPDP Balance: Privacy and Transparency under the Digital Personal Data Protection Act, 2023

Introduction

The Ministry of Electronics and Information Technology (MeitY), through an official press release, has clarified the scope and effect of the Digital Personal Data Protection Act, 2023 (DPDP Act) and its amendment to the Right to Information Act, 2005 (RTI Act). The Ministry emphasised that the amendment does not restrict disclosure of personal information but instead ensures a balanced coexistence between privacy rights and the right to information. This clarification is critical in understanding how the DPDP Act has been positioned within India’s democratic framework of accountability and transparency.

The DPDP Act itself represents a landmark in India’s data governance regime. It provides a comprehensive framework for the processing of digital personal data, recognising both the individual’s right to privacy and the need for data processing for lawful purposes. The law followed an extensive public consultation process, during which more than 22,600 comments were received on the draft Digital Personal Data Protection Bill, 2022. After carefully considering these inputs, the Bill was introduced in Parliament and enacted as the DPDP Act, 2023.

The Amendment to the RTI Act

Among the most consequential aspects of the Act is the amendment to Section 8(1)(j) of the RTI Act through section 44(3) of the DPDP Act, 2023. This addresses the longstanding tension between the right to privacy, recognised by the Supreme Court in Justice K.S. Puttaswamy v. Union of India (2017), and the right to information, which underpins democratic transparency.

The provision reads as:

The amendment codifies judicial reasoning that privacy, while fundamental, is subject to reasonable restrictions. It prevents undue disclosure of personal information, but does not impose a blanket prohibition. Instead, it creates a measured balance between privacy protection and the public’s right to know.

The Continuing Role of Section 8(2)

Equally important is Section 8(2) of the RTI Act, which remains untouched. This provision allows disclosure even where exemptions apply, if the public interest in disclosure outweighs the harm to protected interests. The preservation of this clause ensures that transparency is not eroded and that privacy and accountability frameworks operate in harmony rather than in conflict.

Section 8(2) of the RTI Act reads as:

When read together, the DPDP Act and Section 8(2) preserve both transparency and privacy. Public authorities must now apply a more nuanced standard in evaluating disclosure requests, weighing competing interests with care.

Harmonising Privacy and Transparency

The DPDP Act’s key achievement lies in harmonising two competing but essential democratic rights. By formally recognising privacy within the RTI framework while maintaining a public-interest override, the amendment reflects constitutional values and judicial precedent.

This balance is consistent with the Puttaswamy ruling, which affirmed privacy as a constitutional right but subject to restrictions in legitimate state or societal interest. At the same time, it recognises that the right to information is central to good governance but cannot serve as a justification for unwarranted intrusion into private life.

Government Consultations and Way Forward

The Government has continued its inclusive approach through extensive consultations on the Rules under the DPDP Act, engaging stakeholders such as media organisations. This consultative ethos signals a commitment to broad participation in shaping India’s evolving framework for privacy and transparency.

As the Act begins to be implemented, the practical challenge will lie in how public authorities apply this balance. Citizens seeking access to information will encounter a more structured, privacy-conscious disclosure process, while authorities must exercise discretion in ensuring neither right is disproportionately curtailed.

Conclusion

By amending Section 8(1)(j) of the RTI Act and leaving intact Section 8(2), the DPDP Act ensures that neither privacy nor transparency is sacrificed. As clarified by MeitY’s official press release in Parliament, the amendment does not restrict disclosure but carefully aligns the RTI framework with the constitutional right to privacy.

The Act thus represents a measured recalibration of India’s democratic rights architecture, ensuring a coexistence of two constitutional guarantees. Its effective implementation will depend on balanced decision-making by authorities, vigilant judicial oversight, and an informed citizenry. Ultimately, the DPDP Act stands as part of India’s constitutional journey, an effort to safeguard the individual’s dignity while sustaining the collective’s right to know.