RTI Amendments: Transparency vs Privacy

Context

The Right to Information (RTI) Act, enacted in 2005, is a cornerstone of transparency and accountability in India’s governance. It empowers citizens to seek information from government bodies, promoting openness and reducing corruption. However, recent amendments to the RTI Act have sparked controversy, with proponents arguing that they harmonize the right to information with the right to privacy, while critics contend that they curtail access to vital information.

Background of the RTI Act

The RTI Act was designed to ensure that government actions are transparent and subject to public scrutiny. It allows citizens to request information from public authorities, which must respond within a specified timeframe. This act has been instrumental in uncovering corruption, improving public services, and enhancing government accountability.

Amendments to the RTI Act

• Recent Changes: The latest amendments to the RTI Act, particularly those related to the Digital Personal Data Protection Act, 2023, have introduced significant changes. Section 8(1)(j) of the RTI Act now includes a blanket prohibition on disclosing personal information, even if it serves the public interest. This change has raised concerns among activists and transparency advocates, who argue that it will make it harder to access information crucial for social audits and exposing corruption.
• Impact on Transparency and Accountability: Critics of the amendment argue that it undermines the RTI Act’s ability to ensure transparency and accountability. By removing the provision that allowed disclosure of personal information if it served a larger public interest, the amendment potentially shields officials from scrutiny, even when their actions may involve wrongdoing or misuse of public funds.
• Harmonization with Privacy Laws: Proponents of the amendment argue that it aligns with the Supreme Court’s judgment affirming the right to privacy as an integral part of the right to life. They contend that the changes are necessary to protect personal information and prevent its misuse, while ensuring that legally required disclosures continue.

Concerns and Criticisms

• Denial of Access to Knowledge: Activists, as well as activists on the issue of transparency, are afraid that this amendment will deny access to information which they need to expose corruption and abuse of power. According to them, the original RTI Act had sufficient safeguards to protect privacy while providing public interest disclosures.
• Impact on Governance and Corruption: The RTI Act has seen a lot of attention in terms of corruption and has made actions of the government visible and accountable. It is because of this that critics are alleging that amendments in the act would devastate all this by offering officials cover for getting into privacy safety nets even when what they do is more than questionable.
• No Independence of Information Commissions: Earlier amendments like the ones in 2019 were also found to compromise the independence of information commissioners saying that their term and pay would be decided by the government. Such measures by the government would continue undermining RTI’s effectiveness.

Potential Solutions and Reforms

• Strengthening the Penalty Provisions: Concerns on transparency and accountability could be minimized if the RTI Act specifically mandates penalties for officials who deny or delay information without reasonable cause. With this provision, stronger deterrents could be created and encourage the culture to further impact compliance and create a transparent environment. 
• Protecting RTI Activists: Solid protections through Whistleblower Protection Act would be enforced for these RTI activists so that in such a condition when accessing information, intimidations and harassments are not the order of such individuals. At the same time, an exclusive helpline and immediate response system for all RTI users under threats could also be considered.
• Integrating RTI with Governance Reforms: Incorporating RTI compliance in the performance evaluations of the government departments and officials may well create institutional incentives for transparency. Inclusion of performance in terms of RTI within the annual reports of public authorities would raise further the flag of importance of transparency in governance.

Conclusion

The recent amendments to the RTI Act have sparked a debate about balancing transparency with privacy. While proponents argue that these changes harmonize privacy and information rights, critics fear they will curtail access to vital information needed to hold governments accountable. Addressing these concerns through reforms that strengthen transparency and accountability mechanisms is crucial for maintaining the effectiveness of the RTI Act in promoting good governance.

Source: The Hindu

UPSC Mains Practice Question

Q. Critically examine the role of the RTI Act in promoting transparency and accountability in governance. Suggest measures to strengthen its implementation.

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