Section 44(3) of New Data Protection Law
27-03-2025
06:30 AM
Section 44(3) of New Data Protection Law Latest News
Concerns Over Section 44(3) of the Digital Personal Data Protection (DPDP) Act
Why in the News?
- Section 44(3) of the DPDP Act, 2023 has sparked controversy as activists claim it weakens the Right to Information (RTI) Act, 2005.
- Congress leader Jairam Ramesh has urged the Minister of Electronics and Information Technology (MeitY) to repeal this provision, arguing that it would "destroy" the RTI Act.
- RTI activists, including Aruna Roy, Nikhil Dey, Prashant Bhushan, and Anjali Bhardwaj, have opposed the amendment, warning that it could restrict access to critical public information.
What is Section 44(3) of the DPDP Act?
- The DPDP Act, 2023, received Presidential assent on August 11, 2023 and aims to regulate digital personal data processing while balancing individual privacy rights with lawful data processing needs.
- Section 44(3) amends Section 8(1)(j) of the RTI Act, 2005, expanding the scope of denying information under the pretext of protecting personal data.
- The Change:
- Previous Section 8(1)(j) (RTI Act): Allowed exemption from disclosure only if the personal information was unrelated to public interest or caused unwarranted privacy invasion, unless larger public interest justified disclosure.
- Revised Section 8(1)(j) (DPDP Act):This removes the “larger public interest” clause and broadly exempts all personal information from disclosure under RTI.
How Could This Affect RTI Requests?
Before DPDP Act (RTI Act - Section 8(1)(j)) | After DPDP Act (Section 44(3)) |
Personal information could be disclosed if public interest justified it. | All personal information is exempt from disclosure, regardless of public interest. |
Example: A citizen could request details of public officials’ assets if corruption was suspected. | Example: Such a request can now be denied, citing personal data protection. |
The balance between privacy and transparency was determined case-by-case. | Blanket exemption for personal data, even if it concerns public officials. |
Section 44(3) of New Data Protection Law FAQs
Q1. What does Section 44(3) of the Digital Personal Data Protection (DPDP) Act state?
Ans. It allows the government to exempt certain agencies from data protection rules in matters of national security, sovereignty, or public order.
Q2. Why is Section 44(3) controversial?
Ans. Critics argue it gives the government broad powers to bypass data privacy regulations, raising concerns over surveillance.
Q3. How does Section 44(3) impact individual privacy?
Ans. It may weaken personal data protection, as certain agencies can access data without user consent.
Q4. How does this section compare with global data protection laws?
Ans. Countries like the EU (GDPR) have stricter oversight on government exemptions, ensuring privacy rights.
Source: IE
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