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| + | metatag-description=(How the DPDP Act 2023 §44(3) amendment of RTI §8(1)(j) is being applied — practical impact, defensive framing, what is still disclosable.)}} | ||
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| + | ====== DPDP Act 2023 §44(3) — what really changed for §8(1)(j) and your RTI ====== | ||
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| + | The Digital Personal Data Protection Act 2023 came into force in **stages**. Section 44(3) amends RTI Act §8(1)(j). The change is both narrower and broader than headlines suggest. | ||
| + | |||
| + | ===== Before ===== | ||
| + | §8(1)(j) old: information that "would cause unwarranted invasion of privacy" | ||
| + | |||
| + | ===== After ===== | ||
| + | §8(1)(j) post-DPDP: any " | ||
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| + | ===== Practical impact ===== | ||
| + | * **Service records** — pay scales, joining dates, ACR/APAR — are now harder to get. **Deshpande (2013)** logic strengthens. | ||
| + | * **Beneficiary names** — PMAY, MGNREGA, scholarships — the **§4(1)(b)(xii)** suo-motu exception still requires lists, but cell-level personal details are tighter. | ||
| + | * **Complaint outcomes** — names of complainants/ | ||
| + | |||
| + | ===== What is still disclosable ===== | ||
| + | * **Public-domain information** — gazettes, Parliament floor data, court records, prior CIC orders. | ||
| + | * **Aggregate / anonymised** data — beneficiary counts, scheme spend, demographic averages. | ||
| + | * **Office-bearer disclosures** — public functionaries' | ||
| + | * **Public-interest information** — corruption, misuse of funds, safety hazards. | ||
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| + | ===== Defensive RTI drafting ===== | ||
| + | - Frame as **" | ||
| + | - Ask for **anonymised data** explicitly. | ||
| + | - Cite **§4(1) suo motu duty** alongside §6 to invoke higher disclosure standard. | ||
| + | - Where personal info is genuinely needed, **build the public-interest case** in the application itself (don't wait for the PIO to refuse). | ||
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| + | ===== Sources ===== | ||
| + | - DPDP Act 2023 §44(3). | ||
| + | - RTI Act 2005 §8(1)(j), §4(1)(b)(xii). | ||
| + | - Girish Ramchandra Deshpande (2013). | ||
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| + | //Last reviewed: 25 April 2026.// | ||
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