Lok Sabha Question No. 384 (STARRED), answered on 2025-08-20
Subject: Amendment in DPDP Act, 2023
Ministry: ELECTRONICS AND INFORMATION TECHNOLOGY
Asked by: Shri  Selvaganapathi T.M.

## GOVERNMENT OF INDIA MINISTRY OF ELECTRONICS AND INFORMATION TECHNOLOGY

## LOK SABHA STARRED QUESTION NO. *384

TO BE ANSWERED ON: 20.08.2025

## AMENDMENT IN DPDP ACT, 2023

## *384.     SHRI SELVAGANAPATHI T.M.:

Will the Minister of ELECTRONICS AND INFORMATION TECHNOLOGY be pleased to state:

- (a) whether it is a fact that the Digital Personal Data Protection (DPDP) Act, 2023 and its draft rules would erode the right to information;
- (b) whether there has been protest against the DPDP Act's dilution of section 8(1)(j) of the Right to Information Act, 2005;
- (c) whether the amendment inserted into the 2023 Data Privacy Law would significantly increase the amity of information that can be refused to seekers;
- (d) whether the RTI Act's amendment would be a seismic shift in India's transparency framework for the worse according to many legal experts; and
- (e) whether the Government has held any discussions with the media and civil society and if so, the details and outcome thereof?

## ANSWER

MINISTER FOR ELECTRONICS AND INFORMATION TECHNOLOGY (SHRI ASHWINI VAISHNAW)

(a) to (e):  A Statement is laid on the Table of the House.

## STATEMENT REFERRED TO IN THE REPLY TO LOK SABHA STARRED QUESTION NO. *384 FOR 20.08.2025

## REGARDING 'AMENDMENT IN DPDP ACT, 2023'

………

(a) to (e):   The Digital Personal Data Protection Act, 2023 (DPDP Act) provides for the processing of digital personal data in a manner that recognises both the rights of the individual to protect their personal data and the need to process such personal data for lawful purposes.

The  DPDP  Act  was  enacted  following  an  extensive  and  comprehensive  public  consultation process,  during  which  over  22,600  comments  were  received  on  the  Digital  Personal  Data Protection Bill, 2022 (DPDP Bill). After careful consideration of these inputs, the DPDP Bill was introduced in Parliament and subsequently enacted as the DPDP Act, 2023.

The amendment to Section 8(1)(j) of the RTI Act through the DPDP Act balances the fundamental right to privacy, as affirmed by the Supreme Court in Justice K.S. Puttaswamy v. Union of India , with  the  right  to  information.  This  amendment  aligns  with  established  judicial  reasoning  on reasonable restrictions, codifies existing jurisprudence, and helps avoid potential conflicts between the laws.

Further, under Section 8(2) of the RTI Act, a public authority may allow access to information if the public interest in disclosure outweighs the harm to the protected interests. This section reads as follows:

'Notwithstanding anything in the Official Secrets Act, 1923 (19 of 1923) nor any of the exemptions permissible in accordance with sub-section (1), a public authority may allow access to information, if public interest in disclosure outweighs the harm to the protected interests.'

The said amendment does not restrict the disclosure of personal information; rather, it balances individuals' privacy rights with right to information. This ensures that the transparency framework under the RTI Act and privacy framework under the DPDP Act continue to exist harmoniously, preserving the balance between transparency and privacy.

As  done  for  the  Act,  Government  has  held  extensive  consultations  for  the  Rules  including discussions with various media organizations.

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