SHILLONG: Marking the 20th anniversary of the Right to Information (RTI) Act, the Meghalaya Pradesh Congress Committee (MPCC), today, expressed “serious concerns” that the landmark legislation, intended to empower citizens with access to information on public policy and spending, is being systematically weakened by the ruling government through recent legislative actions.
The MPCC argues that the integrity and effectiveness of the RTI framework have been significantly undermined by two key developments: the 2019 RTI Amendment and the new Digital Personal Data Protection (DPDP) Act, 2023.
Legislative Changes Under Scrutiny
- RTI Amendment Act, 2019: The 2019 amendment is heavily condemned for allegedly eroding the independence of the Central Information Commission (CIC) and State Information Commissions (SICs). By giving the central government the power to unilaterally determine the term of office and salary of the Commissioners, critics argue the change provides the executive undue control and a mechanism to “suppress the RTI act.”
- Digital Personal Data Protection (DPDP) Act, 2023: This new legislation is widely feared to be a tool for suppressing information under the broad guise of protecting personal data. Concerns have been raised that government departments could misuse the new “personal data” clause to deny access to information on public expenditures, such as details of MLA schemes. The MPCC contends that public funds utilized for common good should not be treated as a private matter of any public official.
The Transparency vs. Privacy Conflict
The DPDP Act is viewed as creating a direct conflict between the public interest served by Transparency (RTI) and the individual focus of Privacy (DPDP). Critics argue that the Act prioritizes personal interest, potentially leading to the dilution of the RTI.
A major apprehension involves the concept of “data fiduciaries.” RTI activists fear they could be threatened with severe penalties (up to ₹250 crores) if they “misuse” data received, potentially restricting their ability to expose information about welfare schemes, contractors, or officials due to expansive privacy concerns. This regulatory fear, they say, creates a chilling effect on activists seeking accountability.
Key Demands for RTI’s Survival
In response to these developments, the MPCC has joined national calls for strengthening the RTI institution by demanding:
- Reversal of the 2019 RTI Amendment: To restore the full independence and fixed tenure/status of the CIC and SIC Commissioners.
- Amendment to the DPDP Act, 2023: To ensure the “personal data” provision cannot be misused to deny legitimate public information, guaranteeing the Act does not override the fundamental purpose of RTI.
- Filling of Vacancies: Immediate action to fill the large number of long-pending vacancies in the SICs and the CIC, which are seen as reflective of the government’s lack of seriousness towards the Act.
- Protection for Activists: Enhanced protection for RTI activists, whose lives are reportedly at risk in several states due to their work exposing corruption and mismanagement.
The prevailing sentiment among critics is that unless these legislative and administrative issues are addressed, the long-term sustainability and effectiveness of the Right to Information Act—and the public empowerment it brought to Indian democracy—remain deeply in doubt.
