Relevance: GS II (Governance & Transparency) | Source: The Hindu 

1. The Big Picture: Why is it in the news?

The Right to Information (RTI) Act, passed in 2005, is a historic law that empowers the aam aadmi (common citizen) to question the government and demand accountability. However, the Supreme Court has recently formed a Constitution Bench (a panel of 5 or more judges) to hear petitions claiming that the new data privacy law is killing the spirit of the RTI Act.

2. The Core Conflict: The Change in Rules

The entire debate is about how the new Digital Personal Data Protection (DPDP) Act, 2023 changes the old RTI rules, specifically Section 8(1)(j).

• The Old RTI Rule (Public Interest First): Earlier, the government could refuse to share an official’s personal details. But, if exposing that information served a “larger public interest” (like revealing a corruption scam or a fake degree), the government was forced to share it with the citizen.
• The New Rule (Blanket Ban): The DPDP Act completely deletes this “public interest” exception. Now, there is a total ban on sharing any personal information, no matter how important it is for the public to know.

3. Why are Activists Worried?

• Shielding Corruption: Corrupt public officials can now easily hide illegal wealth, biased job appointments, or mismanaged public funds by simply labeling the documents as “personal information.”
• Silencing the Press: Journalists who investigate public interest stories can now be heavily punished. If they publish an official’s personal details without consent, they could face massive fines of up to ₹250 crore.
• One-Sided Power: Critics warn this creates a dangerous imbalance. The government can constantly monitor citizens’ data, but citizens can no longer monitor the government’s actions.

UPSC Value Box

Key Concept / Body	Explanation
Article 19(1)(a)	The Supreme Court has repeatedly ruled that the Right to Information is a Fundamental Right, implicitly guaranteed under the freedom of speech and expression.
Constitution Bench	Under Article 145(3) of the Constitution, a bench of at least five Supreme Court judges is required to decide any major case that involves interpreting the Constitution.
DPDP Act, 2023	India’s primary law for protecting citizens’ digital privacy. While it secures personal data, it is currently clashing with the public’s right to demand transparency.
The Right to Information (RTI) Act, 2005	It is a landmark legislation that empowers Indian citizens to request information from “public authorities” to promote transparency and accountability in government functioning.  It replaced the Freedom of Information Act, 2002 and is considered an implied fundamental right under Article 19(1)(a) of the Constitution.

Q. With reference to the Right to Information (RTI) Act and the Digital Personal Data Protection (DPDP) Act, 2023, consider the following statements:

1. The DPDP Act, 2023 completely removes the “larger public interest” exemption previously available under Section 8(1)(j) of the RTI Act.
2. Under the Constitution of India, a Constitution Bench of the Supreme Court must consist of a minimum of seven judges.
3. The Supreme Court of India has held that the Right to Information is a fundamental right implicit in Article 19(1)(a).

Which of the statements given above is/are correct?

(a) 1 and 2 only

(b) 1 and 3 only

(c) 3 only

(d) 1, 2 and 3

Correct Answer: (b)