Syllabus: GS2/Governance
Context
- The Union Information and Technology Minister said that personal details that are subject to disclosure under various laws will continue to be disclosed under the RTI Act after the implementation of the new data protection rule.
About
- Amendment to RTI Act (2005) will come into effect once Digital Personal Data Protection (DPDP) Rules are notified in the coming weeks.
- Section 8(1)(j) of the RTI Act now includes a blanket prohibition on disclosing personal information, even if it serves the public interest.
- Concerns Raised:
- The change makes it harder to access information vital for social audits and uncovering misuse of public funds or corruption.
- RTI requests have been critical in verifying government programs and ensuring accountability, e.g., checking food ration distribution.
- The original RTI Act balanced privacy and transparency; they reject the argument that the changes align with the Supreme Court’s privacy ruling.
- The Union Minister stated the amendment won’t restrict transparency or disclosure of personal information when legally required.
- He cited the 2017 Supreme Court judgement affirming the right to privacy under Article 21 to justify the amendment.
| RTI (Amendment) Act, 2019 – Status and tenure of Information Commissioners changed: The tenure of the Chief Information Commissioner (CIC) and Information Commissioners (ICs) at both central and state levels is no longer fixed at 5 years and has been reduced to 3 years. 1. Salaries, allowances, and service conditions of CICs and ICs are also determined by the Central Government, rather than being equivalent to those of Chief Election Commissioner and Election Commissioners (as in the original Act). – Rules under RTI Act (2022): Online filing of RTI applications encouraged through the RTI Online Portal. 1. Revisions made to streamline appeals and complaint filing procedures. |
Right to Information Act (RTI), 2005
- Aim: It was designed to promote transparency in the functioning of the government by giving citizens the right to access information from public authorities.
- Scope: The Act applies to public authorities, which include government departments, ministries, and organizations that are substantially funded by the government.
- Information Accessible to the Public: Citizens have the right to request information from public authorities. This includes the right to access records, documents, and other information.
- Exclusions: Information that may compromise national security, breach confidentiality, or harm the integrity of ongoing investigations.
- Timeframe for Response: Public authorities are required to respond to information requests within 30 days. In certain cases, this period can be extended to 45 days.
- Penalties: The Act provides for penalties against officials who withhold information without reasonable cause or provide false information.
Significance of the Act
- Empowers Citizens: By accessing information from public authorities, promoting transparency and accountability in government.
- Holds Government Accountable: Helps in holding public authorities accountable for their actions, preventing corruption.
- RTI helped uncover misuse of funds in the National Rural Employment Guarantee Scheme (NREGS).
- Promotes Good Governance: It strengthens democratic processes by ensuring that the government operates transparently, fostering public trust.
- Enables Social Audits: Activists and NGOs use RTI to perform social audits of government schemes and services.
- RTI was used to check if food rations were correctly distributed under the Public Distribution System (PDS).
- Access to Public Records: RTI requests have been used to obtain details of government contracts, exposing corruption or inefficiencies.
- Strengthens Democracy: Provides a tool for citizens to actively participate in the decision-making process, enhancing democracy.
Criticism of the Act
- Overburdening Public Authorities: It has led to an overload of information requests, putting a strain on public authorities and diverting attention from their primary duties.
- Misuse of the Act: Some individuals or groups use RTI requests as a tool for harassment or to settle personal or political scores.
- Delay in Processing Requests: Despite the stipulated time frames for response, some public authorities struggle to adhere to these deadlines, causing frustration among information seekers.
- Capacity and Training Issues: Some public authorities lack the necessary infrastructure, manpower, and training to effectively implement the RTI Act.
- Exemptions and Ambiguities: The Act’s provisions regarding exemptions are sometimes vaguely defined, this ambiguity can be exploited to withhold information that should ideally be in the public domain.
Way Ahead
- The RTI Act has played a significant role in promoting transparency, reducing corruption, and empowering citizens to actively participate in the democratic process by holding government institutions accountable.
- It is a powerful tool for promoting good governance and ensuring that citizens have access to information that affects their lives.
- The amendment has not yet come into effect, as the rules for implementing the DPDP Act (Digital Personal Data Protection Act) are still in draft form.
- Civil society organizations are calling for these draft rules to be revised so that the changes to the RTI Act are not finalized.
Source: AIR