Digital Personal Data Protection Act does not “dilute” RTI Act: A-G’s opinion explained

What the Attorney General said

The Attorney General (A-G) of India has opined that the Digital Personal Data Protection (DPDP) Act, 2023 does not dilute or weaken the Right to Information (RTI) Act. According to the opinion:

The DPDP Act is meant to protect personal data and privacy, which is now a fundamental right under Article 21.

Amendments made to the RTI Act must be read harmoniously, not as overriding or nullifying RTI.

Information that serves a larger public interest can still be disclosed under RTI, subject to established legal tests.

In essence, the government argues that privacy protection and transparency can coexist.

What civil society groups are concerned about

Civil society organisations and transparency activists strongly disagree. Their key concern relates to the amendment of Section 8(1)(j) of the RTI Act:

Earlier, Section 8(1)(j) provided a conditional exemption for “personal information,” allowing disclosure if public interest outweighed privacy.

After the DPDP Act, critics argue the wording effectively turns this into a blanket exemption, making it easier for authorities to deny information.

This could restrict access to information about:

Public officials

Asset declarations

Appointments, promotions, and disciplinary matters

Activists say this undermines transparency and accountability, especially in corruption-related cases.

The core legal tension

At the heart of the debate is a balance between:

Right to Privacy (protected by DPDP Act)

Right to Information (a tool for democratic accountability)

The unresolved question is whether the amended law tilts the balance too far toward secrecy.