Data bill: 'Right to privacy will prevail over RTI'

The fundamental right to privacy of an individual will prevail over the right to information (RTI) in case of conflict between the two, minister of state for communications and IT Rajeev Chandrasekhar said on Friday.

During an open house discussion with stakeholders on the draft Digital Personal Data Protection (DPDP) bill 2022, Chandrasekhar said that the right to privacy is a fundamental right while the right to information is not.

"Right to privacy is a fundamental right and right to information is not.

"If there is conflict between the two, the fundamental right prevails," the minister said.

He was responding to a suggestion that the Digital Personal Data Protection bill 2022 should not override the RTI.

The draft DPDP proposes that "in the event of any conflict between a provision of this Act and a provision of any other law for the time being in force, the provision of this Act shall prevail to the extent of such conflict."

The bill has proposed amendment in section 8 of the Right to Information Act, 2005 which limits sharing of personal information in cases which has no relationship to any public activity or interest.

The bill proposes the right to seek information from data fiduciaries -- entities that collect data from users -- but empowers the government to exempt entities notified from sharing information with individuals.

The minister said that the data consent managers will be independent of data fiduciaries and will work to protect the interest of users whose data is collected, especially those who are at the bottom of the pyramid.

One of the stakeholders suggested that the bill should not remove clauses related to compensation as there should be remedies available for citizens.

Several stakeholders sought clarity around harm and consent provision related to children.

The minister said that the government is open to making definitions tighter and looking at the issues that will be submitted in response to the draft.

The government has extended the last date for public comments on the draft bill till January 2.