INDIA Bloc Slams Data Law Amendment, Warns of 'Death Blow' to RTI

Moneylife Digital Team 10 April 2025

Public Interest

Leaders of the Indian National Developmental Inclusive Alliance (INDIA), including Congress, Shiv Sena (UBT), DMK, CPI(M), and Samajwadi Party, have collectively demanded the immediate repeal of a controversial clause in the recently enacted Digital Personal Data Protection Act, warning it effectively guts India's landmark Right to Information (RTI) legislation.

At a press briefing in New Delhi, Congress member of Parliament (MP) and deputy leader in the Lok Sabha, Gaurav Gogoi, flanked by senior alliance leaders, revealed that a joint petition signed by over 120 Opposition MPs is being submitted to the Union ministry of electronics and information technology (MeitY), urging the removal of Section 44(3) of the Data Protection Act.

"This clause delivers a draconian blow to the citizens' right to know. It overrides the public interest safeguard enshrined in Section 8(1)(j) of the RTI Act," Mr Gogoi says, highlighting that personal information that may be relevant to public scrutiny—such as government contracts—can now be withheld outright.

, - Section 44(3), RTI Section 8(1)(j)

RTI Act RTI … pic.twitter.com/iB5azPPeur
— Congress (@INCIndia) April 10, 2025

The provision, introduced at the final stage of the Bill's passage in Parliament last year, escaped debate due to the simultaneous no-confidence motion on Manipur, the Congress leader added. "This amendment was neither discussed in the joint parliamentary committee (JPC) nor disclosed transparently. It was inserted surreptitiously, and we believe, with malicious intent."

Representatives from multiple parties, including Priyanka Chaturvedi (Shiv Sena), John Brittas (CPI-M), and Javed Ali (SP), joined Mr Gogoi in asserting that this is not merely a partisan issue but one that affects journalists, civil society, and citizens alike.

"The Act's Section 44(3) effectively reverses the RTI regime. Earlier, if the information is in public interest—even if personal—it had to be disclosed. Now, the clause says there is 'no obligation' to provide any personal data, regardless of its relevance to accountability or governance," said Mr Brittas, who also served on the JPC.

Civil society groups, privacy experts and RTI activists reportedly played a key role in catalysing the joint petition, which carries signatures from senior leaders, including Rahul Gandhi, Akhilesh Yadav and TR Baalu.

The INDIA alliance argues that the RTI Act represents the soul of participatory democracy and curbing it not only stifles transparency but also weakens press freedom and citizen oversight.

Ms Chaturvedi raised concerns about the impact on journalism. "This change threatens the very tool used by reporters to uncover corruption or misuse of power," she says, adding that similar apprehensions have been voiced by journalists' unions and media watchdogs.

The leaders insisted that repealing Section 44(3) would not compromise the core objectives of the Data Protection Act but would ensure critical checks and balances remain intact.

Asked about the next steps if the government fails to act, Mr Gogoi responded: "We hope to engage constructively. But if the government does not respond positively, further actions will be deliberated."

"The BJP's view is that the government has all the rights, and citizens merely have duties," Mr Gogoi says. "But our vision of democracy is the opposite—rights rest with the people, and the government must be held accountable."

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