One of the most debated topics for the UPSC Civil Services Examination in 2026 is the intersection of transparency and privacy, specifically the Digital Personal Data Protection (DPDP) Act, 2023 and its impact on the Right to Information (RTI) Act, 2005.
Privacy vs. Transparency: The DPDP-RTI Conflict
The Digital Personal Data Protection (DPDP) Act, 2023, aims to safeguard the fundamental right to privacy as affirmed in the K.S. Puttaswamy judgment. However, Section 44(3) of the Act has sparked controversy by amending Section 8(1)(j) of the RTI Act.
The Key Shift
* Original RTI Provision: Personal information could be withheld only if it had no relation to public activity or interest, or if it caused an "unwarranted invasion of privacy." Crucially, it included a "public interest override"—allowing disclosure if the larger public interest outweighed the harm to privacy.
* DPDP Amendment: It replaces this with a blanket exemption for "personal information." Critics argue this removes the discretionary power of Public Information Officers (PIOs) to balance privacy against accountability.
Implications for Governance
* Shielding Corruption: Vital information like assets/liabilities of public servants, educational credentials, and pension lists may now be denied under the garb of "personal data."
* Chilling Effect: The DPDP Act imposes heavy penalties (up to ₹250 crore) for data breaches. This may deter PIOs and journalists from sharing or investigating information, fearing legal repercussions.
* State Surveillance: While the Act restricts citizen access to official data, Section 36 allows the government broad powers to access personal data from "Data Fiduciaries" for various purposes, potentially leading to an asymmetry of power.
Conclusion
A functional democracy requires a delicate balance. While protecting individual privacy is vital in a digital age, it should not come at the cost of the "Right to Know," which is essential for holding the state accountable.
Model Questions for UPSC
Prelims (MCQ)
Q1. Consider the following statements regarding the DPDP Act, 2023:
* It applies to both digital personal data and non-digital data that is later digitized.
* It establishes the Data Protection Board of India as a quasi-judicial body.
* It prohibits the transfer of personal data outside India under all circumstances.
Which of the statements given above is/are correct?
(a) 1 and 2 only
(b) 2 and 3 only
(c) 1 and 3 only
(d) 1, 2, and 3
Mains (GS Paper II)
Q2. "The amendment to the RTI Act through the Digital Personal Data Protection Act, 2023, risks transforming the 'Right to Information' into a 'Right to Deny Information'." Critically analyze the impact of this change on transparency and democratic accountability in India. (15 Marks, 250 words)