New data protection law won’t block RTI disclosures: Ashwini Vishnaw

NEW DELHI: Union IT Minister Ashwini Vaishnaw has clarified that personal details required to be disclosed under various laws will still be accessible through the Right to Information (RTI) Act, even after the new data protection rules come into effect.

“Any personal information that must be disclosed due to legal obligations—such as those related to public representatives and welfare schemes—will continue to be available under the RTI Act. This amendment is not intended to block access to personal data. Instead, it aims to reinforce individuals' privacy rights and prevent misuse of the law,” Vaishnaw said in a letter to Congress MP Jairam Ramesh.

This clarification came in response to a letter from Congress leader Jairam Ramesh last month, in which he urged the government to “pause, review, and repeal” Section 44(3) of the Digital Personal Data Protection (DPDP) Act 2023. In his March 23 letter, Ramesh expressed concern that Section 44(3) restricts the sharing of personal information under the RTI Act, 2005.

Countering that concern, Vaishnaw reiterated that “Any personal information that is subject to disclosure under legal obligations—such as those related to public representatives and welfare programmes like MGNREGA—will continue to be disclosed under the RTI Act.”

Vaishnaw, who also serves as the Minister of Information & Broadcasting, referred to Section 3 of the DPDP Act 2023 to explain the government's position. This section states that the Act does not apply to personal data processed by an individual for personal or domestic use, nor to personal data made publicly available either by the individual or by someone legally required to disclose it under Indian law.

Right to Privacy

The minister also highlighted that the Supreme Court has ruled the Right to Privacy is a core part of the Right to Life, which is protected as a fundamental right under Article 21 of the Constitution.