The Ministry of Electronics and Information Technology (MeitY) has announced the enactment of the Digital Personal Data Protection Act, 2023 (DPDP Act) and related amendments to the Right to Information (RTI) Act. The DPDP Act aims to balance the rights of individuals to protect their personal data with the necessity of processing data for lawful purposes. Enactment of the DPDP Act followed extensive public consultations, yielding over 22,600 comments on the Digital Personal Data Protection Bill, 2022.
A key component of the policy is an amendment to Section 8(1)(j) of the RTI Act, designed to harmonize the right to privacy, as established in Justice K.S. Puttaswamy v. Union of India, with the right to information. The amendment codifies existing jurisprudence on reasonable restrictions and mitigates potential conflicts between the two laws. Section 8(2) of the RTI Act allows public authorities to grant access to information if the public interest in disclosure outweighs potential harm to protected interests. The government asserts that the amendment does not restrict the disclosure of personal information but seeks to balance individual privacy rights with the right to information, maintaining transparency while protecting privacy. Extensive consultations, including discussions with media organizations, were held during the formulation of the Act and its associated rules. Union Minister of Information and Broadcasting Shri Ashwini Vaishnaw submitted this information in Lok Sabha.
Key Entities Referenced
Ministry of Electronics IT: The Indian government ministry responsible for electronics and information technology.
Digital Personal Data Protection Act, 2023: A data protection law in India that regulates the processing of digital personal data.
RTI Act: Right to Information Act, an Indian law that sets out rules and procedures regarding citizens' right to information.
Digital Personal Data Protection Bill, 2022: The draft bill that preceded the Digital Personal Data Protection Act, 2023.
Supreme Court: The highest judicial court in India.
Justice K.S. Puttaswamy v. Union of India: A landmark Supreme Court case in India that affirmed the fundamental right to privacy.
Official Secrets Act, 1923: An act of the Parliament of the United Kingdom which was extended to all of His Majesty's Dominions, and continues to be used in several countries, including India.
Shri Ashwini Vaishnaw: Union Minister of Information and Broadcasting in India.
Ministry of Electronics & IT
DPDP Act, 2023 Upholds Privacy While Preserving
Transparency Under RTI
Amendment to RTI Act Strikes Balance Between
Right to Privacy and Right to Information
As done for the Act, Government has held extensive
consultations for the Rules including discussions with
various media organizations
Posted On: 20 AUG 2025 6:06PM by PIB Delhi
The Digital Personal Data Protection Act, 2023 (DPDP Act) provides for the processing of digital personal
data in a manner that recognises both the rights of the individual to protect their personal data and the need to
process such personal data for lawful purposes.
The DPDP Act was enacted following an extensive and comprehensive public consultation process, during
which over 22,600 comments were received on the Digital Personal Data Protection Bill, 2022 (DPDP Bill).
After careful consideration of these inputs, the DPDP Bill was introduced in Parliament and subsequently
enacted as the DPDP Act, 2023.
The amendment to Section 8(1)(j) of the RTI Act through the DPDP Act balances the fundamental right to
privacy, as affirmed by the Supreme Court in Justice K.S. Puttaswamy v. Union of India, with the right to
information. This amendment aligns with established judicial reasoning on reasonable restrictions, codifies
existing jurisprudence, and helps avoid potential conflicts between the laws.
Further, under Section 8(2) of the RTI Act, a public authority may allow access to information if the public
interest in disclosure outweighs the harm to the protected interests. This section reads as follows:
“Notwithstanding anything in the Official Secrets Act, 1923 (19 of 1923) nor any of the exemptions
permissible in accordance with sub-section (1), a public authority may allow access to information, if public
interest in disclosure outweighs the harm to the protected interests.”
The said amendment does not restrict the disclosure of personal information; rather, it balances individuals'
privacy rights with right to information. This ensures that the transparency framework under the RTI Act and
privacy framework under the DPDP Act continue to exist harmoniously, preserving the balance between
transparency and privacy.
As done for the Act, Government has held extensive consultations for the Rules including discussions with
various media organizations.
This information was submitted by Union Minister of Information and Broadcasting Shri Ashwini
Vaishnaw in Lok Sabha today
*******Dharmendra Tewari/ Navin Sreejith
(Release ID: 2158506)