Dec 16, 2022
I am writing to oppose the proposed Digital Personal Data Protection Bill 2022, of the Ministry of Electronics and Information Technology, because it contains provisions that threaten fundamental rights flowing from the Right to Information, a right essential to accessing other fundamental rights, including the right to life guaranteed by the Constitution of India.
The proposed elimination of a well-considered provision in the Right to Information Act, 2005, which is to interpret personal information from the point of public interest, is a negation of the very basis of the RTI. The RTI Act is the product of extensive consultations and consideration, and it has incorporated the careful and nuanced distinction of whether the information sought is a matter of public interest, and its proviso states clearly that information that would be presented to Parliament and legislatures cannot be denied to the citizen.
Public activity, public interest and personal information pertaining to public duties cannot be classified as an unwarranted intrusion into privacy. Moreover, as included in the law on defamation, only activity that pertains to the private life and activities of the individual which has no bearing on public duties can be exempt.
By seeking to completely eliminate the carefully considered material portion of Sec. 8 (1) (j) of the Right to Information Act, including its proviso which protects the right and places it on par with the rights of members of legislatures and Parliament, the proposed Digital Personal Data Protection Bill 2022 strikes at the heart of a hard-won freedom of the citizen and deserves to be opposed completely.
By rendering all private information inaccessible, even when it is vital to the survival and good health of the larger community – such as identities of who has been issued welfare benefits in a particular area, information needed to ensure delivery of such benefits including public distribution system materials and pensions – the Ministry of Electronics and Information Technology seeks to sharply curtail social audit of welfare measures. This is a dangerous, unjustifiable. It is equally perverse to say that all data gathered places a fiduciary responsibility since this threatens even community data collection, academic activity and research.
The right of the citizen to free and full information is sacrosanct, recognised by the Supreme Court, enshrined in international covenants as a human right, and an invaluable tool to press for transparent democratic governance. I vehemently oppose any measure to amend the Right to Information Act, 2005 through the backdoor.
G. Ananthakrishnan / Chennai / submitted online to the Ministry of Electronics and Information Technology, Government of India
Digital Journo 