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RTI changes in 2025-26: what citizens need to know

RTI Act changes in 2025 and 2026 with privacy drafting steps

The major verified statutory change for RTI users in 2025-26 is the new wording of section 8(1)(j), brought into force through the Digital Personal Data Protection Act notification on 13 November 2025. Core RTI routes still matter: request identifiable records, use section 10 severability, explain public interest where needed, and appeal a blanket privacy refusal point by point.

The change: Section 44(3) of the Digital Personal Data Protection Act, 2023 substituted RTI Act section 8(1)(j) with: “information which relates to personal information”. MeitY notification G.S.R. 843(E) brought section 44(3) into force on 13 November 2025. This changed the privacy-exemption text; it did not repeal the RTI Act, section 8(2) public-interest override, section 10 severability, section 11 third-party procedure or the appeal system.

What exactly changed

Before the amendment, section 8(1)(j) contained a longer test dealing with personal information, relationship to public activity or interest, unwarranted invasion of privacy and larger public interest. The substituted clause is much shorter: information which relates to personal information.

The amendment was enacted in 2023, but enactment and commencement are different. The official commencement notification dated 13 November 2025 brought sub-section (3) of section 44 into force on its publication date. That is the provision which changes RTI section 8(1)(j).

Do not cite an article merely saying the DPDP Act was passed in 2023 as proof that every provision applied immediately. Use the Act and the commencement notification together.

What did not disappear

Several RTI safeguards and procedures remain in the statute.

Provision Why it still matters
Section 6 Lets a citizen request information held by or under the control of a public authority without giving reasons
Section 7 Governs disposal, fees, transfer-related consequences and deemed refusal
Section 8(2) Allows access where public interest in disclosure outweighs harm to protected interests, despite the Official Secrets Act and section 8(1) exemptions
Section 10 Requires reasonably severable non-exempt material to be provided when part of a record is exempt
Section 11 Sets the procedure where confidential third-party information is considered for disclosure; it is not itself a standalone exemption
Section 19 Provides first and second appeals and places the burden in an appeal on the PIO to justify denial

The twenty-year provision in section 8(3), copyright rule in section 9, proactive-disclosure duty in section 4 and life-or-liberty route in section 7(1) also remain subject to their actual statutory terms.

Draft requests around public work records

The most effective response to the shorter privacy clause is not to add emotional language. Define the government record and public function precisely.

Weak request:

Give me all personal details of every employee involved.

More focused request:

Provide the certified note-sheet pages, approval dates, recorded reasons,
office designations and file-movement entries for File No. ____.
Personal addresses, personal phone numbers, bank details, signatures and
other fields considered exempt may be severed under section 10.

Ask for official designations, decisions, attendance required for a public function, sanctioned amounts, inspection records, contract performance, selection criteria or the portion of a file relevant to public action. Avoid collecting unrelated home addresses, family details, medical records, personal account data or identity numbers.

Use section 10 severability explicitly

A record can contain both public-function information and protected personal fields. Section 10 says access should be provided to the part that can reasonably be severed from exempt information.

Add a sentence such as:

If any part of a requested record is considered exempt, provide the
reasonably severable remainder under section 10 and identify the exemption
applied to each withheld portion.

This is especially useful for registers, inspection reports, beneficiary files, disciplinary records, evaluation sheets and correspondence containing contact or identity data.

Make a public-interest case with evidence

Section 8(2) is not a magic phrase. Connect the requested information to a concrete public consequence, such as expenditure of public money, safety, discrimination, conflict of interest, abuse of statutory power or systemic failure.

A useful public-interest note identifies:

Do not allege corruption as a fact without evidence. State the discrepancy and the records needed to examine it.

Respond to a section 8(1)(j) refusal

Check whether the PIO did more than quote the clause. A valid rejection notice should comply with section 7(8), including reasons, appeal period and appellate-authority particulars.

In a first appeal, address these questions:

  1. Did the PIO identify the record or merely label the entire subject “personal”?
  2. Could names, addresses, signatures or identifiers be redacted under section 10?
  3. Does the requested part document an official decision or public expenditure?
  4. Was a section 8(2) public-interest submission considered?
  5. Was third-party procedure confused with an automatic exemption?
  6. Were non-personal portions ignored?

Ask the First Appellate Authority for a point-wise, reasoned order. Use the first-appeal guide and preserve proof of filing.

Third-party notice is a procedure

Section 11 may apply when the PIO intends to disclose information that relates to or was supplied by a third party and was treated as confidential. The third party receives an opportunity to make a representation. The public authority still makes the disclosure decision under the Act.

Do not assume that a third party has an absolute veto. Equally, do not publish the third party's personal identifiers merely because some official record was released.

What to verify before relying on a "new RTI rule"

Many posts mix Bills, court observations, proposed fees, vacancies and portal outages into a claim that “RTI changed”. Check four things:

1. the enacted or notified text;
2. the commencement provision or notification;
3. whether it applies to Central or State authorities;
4. whether the source is an official Gazette, India Code, DoPT, CIC or the relevant State authority.

A consultation, press report or draft rule is not the same as a commenced amendment. A court order may govern a legal issue without rewriting the statutory text. Commission staffing is an operational issue, not itself an amendment to the RTI Act.

Practical 2026 request checklist

The digital RTI guide explains portal filing, while the State portal directory helps identify the right platform.

Frequently asked questions

When did the new section 8(1)(j) take effect?

MeitY's G.S.R. 843(E) brought DPDP Act section 44(3), the RTI amendment, into force on 13 November 2025.

What does the amended clause say?

It exempts “information which relates to personal information” under section 8(1)(j), subject to the rest of the RTI Act.

Has RTI been abolished?

No. The RTI Act, its application process, appeals and other provisions continue.

Does section 8(2) still exist?

Yes. It provides a public-interest override where the public interest in disclosure outweighs the harm to protected interests.

Can a PIO reject an entire file containing one personal field?

Section 10 requires consideration of reasonably severable access. Ask for redaction of the exempt field and disclosure of the remainder.

Is section 11 itself an exemption?

No. It is a third-party consultation procedure. The disclosure decision must still be made under the Act.

Should I ask for an officer's home address?

Usually the official designation, office posting and decision record are the relevant accountability records. Avoid unrelated private contact data.

Where should I verify future RTI changes?

Check India Code, the Gazette, DoPT's RTI site, CIC notifications and the relevant State Information Commission or government portal.

Official sources