Digital Personal Data Protection Act, 2023: Balancing Privacy And Transparency Under Right To Information Act
- IJLLR Journal
- Aug 20
- 1 min read
Siddharth Rathee, LLB, Maharishi Dayanand University
ABSTRACT
The recognition of the right to privacy as a fundamental right in Justice K.S. Puttaswamy (Retd.) v. Union of India transformed the legal landscape surrounding personal data protection in India. The enactment of the Digital Personal Data Protection Act, 2023 (DPDPA) marks a significant legislative step towards operationalising privacy protections in the digital era. However, this development introduces complex challenges for the Right to Information Act, 2005 (RTI Act), a cornerstone of government transparency and accountability. While the RTI Act embodies the democratic principle that citizens have a right to know, the DPDPA prioritises safeguarding personal data through stringent consent-based processing and broad definitions of privacy. This article examines the intersections and potential conflicts between these two statutes, particularly in the context of public access to information that contains personal data. It analyses constitutional principles, statutory provisions, and comparative international frameworks, and proposes a harmonised approach that safeguards individual dignity while preserving the public’s right to hold the state accountable.
