Summary:
AURANGABAD: Experts have taken strong objection to certain provisions in the draft Data Protection Bill 2018, terming it detrimental to the RTI Act 2005. Therefore, necessary objections must be submitted to the Centre within stipulated time-frame, he said. The draft legislation is out in public domain for suggestions and objections till September 10.Former central information commissioner Shailesh Gandhi has termed the proposed bill a very dangerous attack on RTI, saying that it would be used to deny any information which may have the name of a person.In a representation made before the ministry of electronics and information technology (MeitY), Gandhi objected to the proposed bill suggesting amendment to Section 8 (1)(j) of the RTI Act.“Such a provision is likely to make this exemption an omnibus exemption since any information regarding any individual could be denied unless the applicant would be able to show a larger public interest. This is extremely difficult to prove and to adjudicate,” he said.The concerned provision in the draft bill suggests to exempt information which relates to personal data which is likely to cause harm to a data principal, where such harm outweighs the public interest in accessing such information having due regard to the common good of promoting transparency and accountability in the functioning of the public authority; provided, disclosure of information under this clause shall be notwithstanding anything contained in the Personal Data Protection Act, 2018; provided further, that the information, which cannot be denied to Parliament or a state legislature shall not be denied to any person.Elaborating on the grounds for opposing the provision, Gandhi said, “Most information sought by citizens using the Right to Information will be denied on the grounds that it could cause some harm to a data principal.”He further added, “In the 13 years of the operation of the RTI Act there has been no serious report of any harm caused due to disclosure of any personal information. There is absolutely no reason to make any changes in this provision.”The Section 8 (1)(j) of RTI Act 2005 in question exempts information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the central public information officer or the state public information officer or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information: provided that the information, which cannot be denied to Parliament or a state legislature shall not be denied to any person.It summarises that only if information does not relate to a public activity or disclosure would be an unwarranted invasion of the privacy of an individual, then the information could be denied.Senior RTI activist Vivek Velankar said it was objectionable on the part of the Centre to come out with a draft legislation which would have bearing on the existing legislation.It should not happen that the Data Protection Bill and the RTI Act 2005 prove contradictory to each other..