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courses:dpdp:module-04 [2026/06/03 17:01] (current) – created - external edit 127.0.0.1
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 +{{htmlmetatags>metatag-keywords=(dpdp module 04, dpdp × rti interplay — for both pios and citizens)&metatag-description=(DPDP Act 2023 + Rules 2026 Crash Course — Module 04: DPDP × RTI interplay — for both PIOs and citizens. Apply the right standard at the §8(1)(j) boundary.)}}
 +
 +====== Module 04 — DPDP × RTI interplay — for both PIOs and citizens ======
 +
 +{{ :social:auto:dpdp-module-04.png?direct&1200 |DPDP Act 2023 + Rules 2026 Crash Course Module 04}}
 +
 +<WRAP center round info 95%>
 +**Goal:** Apply the right standard at the §8(1)(j) boundary.
 +</WRAP>
 +
 +===== §8(1)(j) of RTI vs DPDP =====
 +
 +§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:
 +  - Living individual + sensitive personal data → DPDP Rule 4: PIO should consider data principal consent
 +  - Deceased/historical data → DPDP largely doesn't apply; pure §8(1)(j) test
 +  - Public-servant 'public activity' → §8(1)(j) doesn't shield (per Karnataka HC 9-Feb-2026)
 +
 +===== PIO workflow under combined regime =====
 +
 +For each personal-information RTI:
 +  - Is the data subject a public servant in their public-activity capacity? → §8(1)(j) doesn't apply; disclose.
 +  - Is the data subject deceased? → DPDP doesn't apply; pure §8(1)(j) test.
 +  - Is the data subject a private individual? → §11 third-party notice (RTI) + consider DPDP consent factor.
 +  - Is the request large-public-interest? → §8(2) override applies; disclose with redaction.
 +
 +===== §7(b) state function + DPDP =====
 +
 +DPDP §7(b) allows the State to process personal data for benefit/subsidy/license without consent. This means:
 +  - Govt can collect Aadhaar-linked subsidy data without separate consent under DPDP
 +  - But the data can still be requested under RTI as 'records held by public authority'
 +  - Combination: data was lawfully processed under DPDP + can be requested under RTI subject to §8 / §10
 +
 +===== Citizen actions =====
 +
 +For citizens whose personal data is held by govt:
 +  - **DPDP §11 right to information**: ask the Fiduciary what data is held + how processed
 +  - **RTI §6(1)**: ask the public authority for records about you
 +  - These overlap — but DPDP gives you the **right to correction + erasure**; RTI doesn't.
 +  - For breach by govt: file with DPB under §34
 +
 +===== Penalties + Data Protection Board =====
 +
 +Data Protection Board of India (DPB) — 4-7 members appointed by Central Govt, 2-year terms.
 +
 +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: up to ₹200 crore
 +  - Other obligations: up to ₹50 crore
 +
 +DPB appeals → Telecom Disputes Settlement and Appellate Tribunal (TDSAT) → Supreme Court.
 +
 +===== ✅ Quiz =====
 +
 +Quiz available from your [[:courses:dpdp:app|course dashboard]].
 +
 +===== Next =====
 +
 +  * [[:courses:dpdp:start|← Course overview]]
 +  * Next: [[:courses:dpdp:final]]
 +
 +//Last reviewed: 24 April 2026.//
 +
 +{{tag>course dpdp module-04}}