Data protection Bill Draft undermines RTI Act: Sandeep Pandey
Article published in The New Indian express :
'Another amendment proposed implies the government has little obligation to share information relating to personal data which may ‘cause harm to a data principle’.
VIJAYAWADA: The
recently drafted Personal Data Protection Bill is said to contain
provisions that ‘undermine’ the Right to Information (RTI) Act, speakers
said at a workshop, which was conducted by the United Forum for Right
to Information (UFRTI) in Vijayawada on Monday. It was attended by
social activist and Ramon Magsaysay awardee Sandeep Pandey, founding
member of Samachara Hakku Prachara Aikya Vedika Putta Surendra Babu and
founding member of UFRTI Ramakrishna Raju.
The
luminaries at the workshop spoke about how the Data Protection Act
sought to rephrase certain provisions in the RTI Act, ‘reducing the
scope of the law’ and, thereby, ‘restricting public access to
information’. “The data protection Bill has proposed replacing the word
‘information’ with ‘data’ in Section 8 (1)(j) of Right to Information
Act. If the amendment is implemented, the provision will read as if the
government has no obligation to give citizens information related to
personal data. This consequently minimises the extent of information
accessible by the public,” Pandey said.
The Bill defines data as ‘data about or
relating to a natural person who is directly or indirectly
identifiable’, which could be used as an excuse to shield information
related to any officials within the government, speakers at the event
said.
Another amendment proposed implies the
government has little obligation to share information relating to
personal data which may ‘cause harm to a data principle’. This will
allow the public information officer to use ‘only a theoretical
possibility of harm instead of having to prove the same’ as the term
harm has a wide range of meanings defined under the data protection
Bill.
Pandey and other members from UFRTI
cited examples of officials not sharing information with the petitioners
and how they were ‘mistreated’. They pointed out how the 10-member
Srikrishna Committee--comprising experts from UIDAI, Ministry of
Electronics and Information, Department of Telecom and other experts
from various related fields--was constituted, which submitted its report
on the Bill to the Union government on July 31, 2018 that was not only
‘biased’, but also ‘violated’ the law.



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