Legal And Constitutional Conflicts: DPDP Act Vs Right To Information Act With Special Reference To India And The UK
- IJLLR Journal
- 2 days ago
- 2 min read
KM Vinita, Dr. Bhimrao Ambedkar University, Agra Faculty of Law, BSA College, Mathura
ABSTRACT
The right to information enables individuals to access information that is legitimately available in the public domain, thereby promoting transparency and accountability. In contrast, the right to privacy protects an individual’s ability to control how their personal information is collected, used, and shared. Although these two rights often complement each other, situations frequently arise where the demand for information conflicts with the need to protect personal privacy. In India, concerns surrounding data protection have existed for a long time. The enactment of the Digital Personal Data Protection Act, 2023 represents a significant development in strengthening the right to privacy. The Act places “consent” at the centre of data processing activities and recognises the principle of informational self-determination. It also seeks to enhance transparency and accountability by clearly defining the rights and responsibilities of the “Data Principal.” A notable change introduced by the DPDP Act is the amendment to Section 8(1)(j) of the Right to Information Act, 2005 through Section 44(3). This provision relates to the exemption from disclosure of personal information. The amendment has the effect of broadening this exemption, making privacy a stronger ground for withholding information. Earlier, the provision allowed disclosure if a larger public interest justified it; however, the revised version has been criticised for weakening this safeguard. Civil society groups have expressed concern that this change may dilute the effectiveness of the RTI Act by giving greater weight to privacy over transparency and public interest. In this context, the present study seeks to examine the implications of this amendment and analyse it comparatively with frameworks such as the GDPR 2018 and the Freedom of Information Act, 2000.
Keywords: Digital Data, Exception, Public Interest, Disclosure, Processing, Collection
