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Informist, Friday, Apr. 11, 2025

NEW DELHI - The Indian National Developmental Inclusive Alliance on Thursday demanded the repeal of section 44(3) of the Digital Personal Data Protection Act, stating that the law defeated the purpose of the Right to Information Act. 

At a joint press conference, leaders from the opposition bloc contended that the act in its current form has serious implications for the right to information and freedom of expression. Leaders of the INDIA bloc said they had prepared a petition for Electronics and Information Technology Minister Ashwini Vaishnaw with signatures by about 120-130 leaders, demanding repeal of section 44(3) of the Digital Personal Data Protection Act.

Congress leader and Lok Sabha member Gaurav Gogoi said the Digital Personal Data Protection Bill was discussed in a joint parliamentary committee but when the final Bill was brought in, it had been amended and was different from what the committee had proposed. He said the Bill was passed at a time when the opposition had brought in a vote of no confidence against the government in 2023 over its failure to control the situation in Manipur.

"As we have understood it clearly, the recent amendments have a draconian impact on the rights of citizens and the freedom of the press. The act has devastated another Act passed by the Parliament which is the Right to Information Act," he said.

Explaining the matter, Gogoi said section 8(1) of the Right to Information Act says if somebody seeks some information, which has no public interest in it, that information can be withheld. But in case the information is relevant in public interest, it cannot be withheld even if it means giving some personal information about someone, he added.

The Congress leader further said that section 44(3) of Digital Personal Data Protection Act undermines section 8(1) of the RTI Act. Section 44(3) of Digital Personal Data Protection Act states that notwithstanding anything contained in this Act, there shall be no obligation to give any citizen information that relates to personal information, Gogoi said. 

Communist Party of India (Marxist) leader John Brittas, a member of the joint parliamentary committee that reviewed the Act, said the Opposition had highlighted the detrimental impact of the Bill on the Right to Information through dissenting notes submitted to the final report. However, these dissenting notes were disregarded, Brittas said.

Meanwhile, Electronics and Information Technology Minister Ashwini Vaishnaw on Thursday gave a clarification that any personal information that is subject to disclosure under legal obligations under various laws governing our public representatives and welfare programmes etc would continue to be disclosed under the Right to Information Act. He shared on X, formerly Twitter, his response to Congress leader Jairam Ramesh's request to "pause, review and repeal" section 44(3) of the Digital Personal Data Protection Act.

"In fact, the amendment will not restrict disclosure of personal information, rather it aims to strengthen the privacy rights of the individuals and prevent the potential misuse of the law," the minister said.  End

Reported by Kuldeep Singh

Edited by Avishek Dutta

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