Module 04 — DPDP × RTI interplay — for both PIOs and citizens

§8(1)(j) RTI exempts personal information unless disclosure is in larger public interest OR the information would have been disclosed to Parliament/Legislature.

DPDP doesn't override RTI but adds a consent factor:

1. Living individual + sensitive personal data → DPDP Rule 4: PIO should consider data principal consent
2. Deceased/historical data → DPDP largely doesn't apply; pure §8(1)(j) test
3. Public-servant 'public activity' → §8(1)(j) doesn't shield (per Karnataka HC 9-Feb-2026)

For each personal-information RTI:

1. Is the data subject a public servant in their public-activity capacity? → §8(1)(j) doesn't apply; disclose.
2. Is the data subject deceased? → DPDP doesn't apply; pure §8(1)(j) test.
3. Is the data subject a private individual? → §11 third-party notice (RTI) + consider DPDP consent factor.
4. Is the request large-public-interest? → §8(2) override applies; disclose with redaction.

DPDP §7(b) allows the State to process personal data for benefit/subsidy/license without consent. This means:

1. Govt can collect Aadhaar-linked subsidy data without separate consent under DPDP
2. But the data can still be requested under RTI as 'records held by public authority'
3. Combination: data was lawfully processed under DPDP + can be requested under RTI subject to §8 / §10

For citizens whose personal data is held by govt:

1. DPDP §11 right to information: ask the Fiduciary what data is held + how processed
2. RTI §6(1): ask the public authority for records about you
3. These overlap — but DPDP gives you the right to correction + erasure; RTI doesn't.
4. For breach by govt: file with DPB under §34

Data Protection Board of India (DPB) — 4-7 members appointed by Central Govt, 2-year terms.

Penalties (Schedule):

1. Failure to take security safeguards: up to ₹250 crore
2. Failure to notify breach: up to ₹200 crore
3. Failure to fulfill child-data obligations: up to ₹200 crore
4. Other obligations: up to ₹50 crore

DPB appeals → Telecom Disputes Settlement and Appellate Tribunal (TDSAT) → Supreme Court.

Quiz available from your course dashboard.

• ← Course overview
• Next: Final exam — DPDP Act 2023 + Rules 2026 Crash Course

Last reviewed: 24 April 2026.