**Executive Summary:**
This document is the response to Lok Sabha Starred Question No. 384 regarding amendments to the Digital Personal Data Protection (DPDP) Act, 2023, focusing on its potential impact on the Right to Information (RTI) Act. The response clarifies that the DPDP Act aims to balance individual data protection rights with the need for lawful data processing. It highlights that amendments to the RTI Act align with established judicial reasoning and maintain a balance between transparency and privacy, following extensive public consultation.
**Key Points / Main Content:**
* **DPDP Act Purpose:**
* Provides a framework for processing digital personal data, recognizing both individual privacy rights and the necessity of data processing for lawful purposes.
* **Enactment Process:**
* The DPDP Act, 2023, was enacted following extensive public consultation, including over 22,600 comments on the Digital Personal Data Protection Bill, 2022.
* **Amendment to Section 81(j) of the RTI Act:**
* Balances the fundamental right to privacy with the right to information, aligning with Supreme Court rulings.
* Codifies existing jurisprudence on reasonable restrictions and avoids conflicts between laws.
* **Section 8(2) of the RTI Act:**
* Allows public authorities to disclose information if the public interest in disclosure outweighs the harm to protected interests, as an exception.
* **Impact on Transparency:**
* The amendment does not restrict the disclosure of personal information, but balances it with individual privacy rights.
* Ensures the harmonious coexistence of the transparency framework under the RTI Act and the privacy framework under the DPDP Act.
* **Consultations:**
* The Government held extensive consultations, including discussions with media organizations, for the rules pertaining to the DPDP Act.
**Impact Analysis:**
* **Individuals:**
* *Impact:* Enhanced protection of their digital personal data while maintaining access to information under the RTI Act.
* *Action Required:* Be aware of their rights under the DPDP Act and how it interacts with the RTI Act.
* **Public Authorities:**
* *Impact:* Must balance the disclosure of information with the protection of personal data under the DPDP Act, considering the public interest.
* *Action Required:* Implement procedures to comply with both the RTI Act and the DPDP Act, ensuring adherence to the principles of data protection and transparency.
* **Media Organizations and Civil Society:**
* *Impact:* Continued role in promoting transparency and accountability, while also respecting individual privacy rights.
* *Action Required:* Stay informed about the provisions of the DPDP Act and its implications for accessing and disseminating information.
Key Entities Referenced
Digital Personal Data Protection DPDP Act, 2023: A law in India regarding the protection of digital personal data.
Right to Information Act, 2005: An Act of the Parliament of India to provide for setting out the practical regime of right to information for citizens.
SHRI SELVAGANAPATHI T.M.: Member of Lok Sabha who asked the starred question.
MINISTER FOR ELECTRONICS AND INFORMATION TECHNOLOGY: The government minister responsible for the Ministry of Electronics and Information Technology.
SHRI ASHWINI VAISHNAW: The Minister for Electronics and Information Technology.
Digital Personal Data Protection Bill, 2022: The bill which preceded the Digital Personal Data Protection Act, 2023.
Justice K.S. Puttaswamy v. Union of India: A Supreme Court case that affirmed the fundamental right to privacy in India.
Official Secrets Act, 1923: A British colonial law criminalising espionage and other actions that could harm the state
GOVERNMENT OF INDIA
MINISTRY OF ELECTRONICS AND INFORMATION TECHNOLOGY
LOK SABHA
STARRED QUESTION NO. *384
TO BE ANSWERED ON: 20.08.2025
AMENDMENT IN DPDP ACT, 2023
*384. SHRI SELVAGANAPATHI T.M.:
Will the Minister of ELECTRONICS AND INFORMATION TECHNOLOGY be pleased to state:
(a) whether it is a fact that the Digital Personal Data Protection (DPDP) Act, 2023 and its draft
rules would erode the right to information;
(b) whether there has been protest against the DPDP Act’s dilution of section 8(1)(j) of the Right
to Information Act, 2005;
(c) whether the amendment inserted into the 2023 Data Privacy Law would significantly increase
the amity of information that can be refused to seekers;
(d) whether the RTI Act’s amendment would be a seismic shift in India’s transparency framework
for the worse according to many legal experts; and
(e) whether the Government has held any discussions with the media and civil society and if so,
the details and outcome thereof?
ANSWER
MINISTER FOR ELECTRONICS AND INFORMATION TECHNOLOGY
(SHRI ASHWINI VAISHNAW)
(a) to (e): A Statement is laid on the Table of the House.STATEMENT REFERRED TO IN THE REPLY TO LOK SABHA STARRED
QUESTION NO. *384 FOR 20.08.2025
REGARDING “AMENDMENT IN DPDP ACT, 2023”
………
(a) to (e): 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.
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