The government has indicated it will not make any changes to the Digital Personal Data Protection (DPDP) Act of 2023. An official source stated on Friday that the government plans to issue a detailed response soon to address concerns raised by journalists and civil rights organisations. On Wednesday, these groups voiced their apprehension that the DPDP Act's provisions could undermine the Right to Information (RTI) Act and threaten press freedom.
"The [DPDP] Act has been passed by Parliament, so no changes can be made now," the source explained. "Rules are being processed, but they can only be framed within the ambit of the Act."
According to government sources, the DPDP Act and its draft rules were formulated after receiving thousands of inputs from various entities. The government also plans to release a set of FAQs to provide further clarity.
Concerns from civil rights groups and journalists
Several prominent figures have raised alarms about the new law. Senior Congress leader Jairam Ramesh, for instance, has called for a review and repeal of the amendment, arguing that the deletion of a proviso in the RTI Act—which recognised citizens' right to information as being on par with that of legislators—is "completely unwarranted".
IT Minister Ashwini Vaishnaw responded to Ramesh, assuring that personal details subject to public disclosure under various laws will continue to be disclosed under the RTI Act even after the new data protection rules are implemented.
However, Supreme Court lawyer Prashant Bhushan alleges that the DPDP Act amends the RTI Act to prevent the sharing of personally identifiable information without consent. Civil rights bodies have echoed this, stating that the law could kill the RTI Act and discourage journalists and whistleblowers from exposing corrupt officials' names without their consent. They believe the DPDP Act gives government bodies the power to withhold information under the pretext of it being "personal information".
Former High Court Justice A. P. Shah, in an open letter to the Attorney General, highlighted that Section 44(3) of the DPDP Act replaces a "narrowly tailored exemption" in the RTI Act with an "overbroad provision for withholding information, and removing the 'public interest' override." This, he said, allows public authorities to deny information by simply labeling it "personal".
Anjali Bharadwaj, Co-Convenor of the National Campaign for People's Right to Information (NCPRI), noted that the Act lacks specific exemptions for journalists, a provision that was included in previous drafts. "There is a clear demand to add exemptions for journalists under the rules, or else press freedom will end," she said, adding that the Act gives the government excessive power to control the Data Protection Board and its authority to impose fines up to Rs 500 crore.
Sangeeta Barooah Pisharoty, Vice-President of the Press Club of India, stated that journalist bodies have submitted a memorandum signed by over 1,000 journalists to the Ministry of Electronics and IT, expressing their concerns. "We are asking the government to bring in an amendment... and include that line because it will directly impact our work," she said. Pisharoty added that while there is hope the ministry will listen to their demands, they are prepared to take legal action if necessary.
DPDP Act, 2023
The DPDP Act, 2023, is a comprehensive law designed to regulate the processing of digital personal data. Draft rules, which aim to operationalise the Act, were published for public consultation and received over 6,900 pieces of feedback. However, civil rights bodies remain concerned that the government could selectively target the media by misusing its powers under the new Act.
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