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| + | ====== Module 04 — DPDP × RTI interplay — for both PIOs and citizens ====== | ||
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| + | <WRAP center round info 95%> | ||
| + | **Goal:** Apply the right standard at the §8(1)(j) boundary. | ||
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| + | ===== §8(1)(j) of RTI vs DPDP ===== | ||
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| + | §8(1)(j) RTI exempts personal information **unless** disclosure is in larger public interest OR the information would have been disclosed to Parliament/ | ||
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| + | DPDP doesn' | ||
| + | - Living individual + sensitive personal data → DPDP Rule 4: PIO should consider data principal consent | ||
| + | - Deceased/ | ||
| + | - Public-servant ' | ||
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| + | ===== PIO workflow under combined regime ===== | ||
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| + | For each personal-information RTI: | ||
| + | - Is the data subject a public servant in their public-activity capacity? → §8(1)(j) doesn' | ||
| + | - Is the data subject deceased? → DPDP doesn' | ||
| + | - Is the data subject a private individual? → §11 third-party notice (RTI) + consider DPDP consent factor. | ||
| + | - Is the request large-public-interest? | ||
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| + | ===== §7(b) state function + DPDP ===== | ||
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| + | DPDP §7(b) allows the State to process personal data for benefit/ | ||
| + | - Govt can collect Aadhaar-linked subsidy data without separate consent under DPDP | ||
| + | - But the data can still be requested under RTI as ' | ||
| + | - Combination: | ||
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| + | ===== Citizen actions ===== | ||
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| + | For citizens whose personal data is held by govt: | ||
| + | - **DPDP §11 right to information**: | ||
| + | - **RTI §6(1)**: ask the public authority for records about you | ||
| + | - These overlap — but DPDP gives you the **right to correction + erasure**; RTI doesn' | ||
| + | - For breach by govt: file with DPB under §34 | ||
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| + | ===== Penalties + Data Protection Board ===== | ||
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| + | Data Protection Board of India (DPB) — 4-7 members appointed by Central Govt, 2-year terms. | ||
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| + | Penalties (Schedule): | ||
| + | - Failure to take security safeguards: up to ₹250 crore | ||
| + | - Failure to notify breach: up to ₹200 crore | ||
| + | - Failure to fulfill child-data obligations: | ||
| + | - Other obligations: | ||
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| + | DPB appeals → Telecom Disputes Settlement and Appellate Tribunal (TDSAT) → Supreme Court. | ||
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| + | ===== ✅ Quiz ===== | ||
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| + | Quiz available from your [[: | ||
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| + | ===== Next ===== | ||
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| + | * [[: | ||
| + | * Next: [[: | ||
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| + | //Last reviewed: 24 April 2026.// | ||
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| + | {{tag> | ||