Opacity in the name of privacy (The Personal Data Protection Bill)

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Opacity in the name of privacy (The Personal Data Protection Bill)

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• The apprehension: After the SC declared the right to privacy a fundamental right, there is an apprehension that the same maybe used to shield authorities from scrutiny by citizens.
• The reason for concern: The draft of the Personal Data Protection Bill 2018 calls for amending a clause of the RTI which sounds reasonable but will dilute RTI Act’s effectiveness. The draft was given by Srikrishna Committee.
• The amendment: The suggested amendment gives PIOs the right to deny information containing personal data if they feel that the disclosure can harm 'the data principal'.

• Violating the RTI's core aim?

1. The core aim of RTI is to make political class and bureaucracy accountable by identifying the people who took certain actions. The amendment will take it away.
2. RTI users have exposed corruption in administration. This will be impossible once the Bill is passed.

• Public interest vs Potential for harm: Before making disclosures the PIOs (who are now appointed at the junior level) will have to decide whether disclosure is violating the privacy of the bureaucrat / politician.

• Playing safe:

1. The Bill would encourage the PIOs to play safe and refuse certain disclosures. However a safeguard has been provided by the powerful proviso that only that information can be denied that would be denied to the Central and State Legislatures.

• The 2012 SC judgement: In Girish Deshpande vs CIC (2012) the SC ruled that assets and details about the performance of a public servant is personal information and cannot be disclosed. The PIOs subsequently used this to expand the ambit of personal information. This has made a mockery of the RTI Act.
• The road ahead: The Government should address these concerns and should not dilute transparency in the disguise of furthering privacy.
• Citizens should act: Public feedback on the Data Privacy Bill is being accepted by the IT Ministry till September end. Citizens should use this opportunity and send their feedback.
• Summary : If a few issues are not addressed, the Personal Data Protection Bill will dilute the RTI Act.

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