Ashwini Vaishnaw refutes claims linking DPDP Act to RTI Act dilution​

Ashwini Vaishnaw, Minister for Railways, Information and Broadcasting, Electronics and Information Technology, has dismissed opposition allegations suggesting that the recently enacted Digital Personal Data Protection (DPDP) Act undermines the Right to Information (RTI) Act.

Opposition, civil society groups, and activists have been rallying against Section 44 (3) of the DPDP Act, claiming that it weakens the RTI provisions by limiting access to personal information under the RTI Act and have been demanding immediate repeal.

In a letter addressed to Jairam Ramesh, Member of Parliament representing Karnataka state in the Rajya Sabha, shared through the post on X (formerly Twitter), the Union Minister emphasized that the RTI Act continues to allow the disclosure of personal information if it serves the larger public interest.

"The DPDP Act is in harmony with privacy principles as enshrined in the Puttaswamy judgement and the principles of transparency in public life as enacted in the RTI Act.

In the Puttaswamy judgement, the Supreme Court of India held that the Right to Privacy is an integral part of the Right to Life protected as a fundamental right guaranteed under Article 21 of the Constitution. This right to privacy is closely linked to the protection of personal information.

Therefore, throughout the extensive consultation process, both with the civil society and in multiple parliamentary fora, the need for harmonious provisions between the right to information and the right to privacy was emphasized.

The DPDP Act, as enacted by the Parliament, harmonizes this requirement while maintaining the need for transparency in public life," the Minister said in the letter dated April 10, 2025.

He further added that the same is ensured through Section 3 of the DPDP Act, as quoted, "Subject to the provisions of this Act, it shall- (c) not apply to — (ii) personal data that is made or caused to be made publicly available by— (B) any other person who is under an obligation under any law for the time being in force in India to make such personal data publicly available."

"Therefore, any personal information that is subject to disclosure under legal obligations under various laws governing our public representatives and welfare programmes like MNREGA, etc, will continue to be disclosed under the RTI Act. In fact, this amendment will not restrict disclosures of personal information, rather, it aims to strengthen the privacy rights of the individuals and prevent the potential misuse of the law", the Union Minister added.