DPDP Act Does Not Override RTI Law, Attorney General Assures Government

Sapatar / Updated: Jan 10, 2026, 15:56 IST 53 Share
DPDP Act Does Not Override RTI Law, Attorney General Assures Government

Amid growing concerns that India’s new Digital Personal Data Protection (DPDP) Act could weaken the Right to Information (RTI) framework, Attorney General (A-G) of India has clarified that the data protection law does not dilute or override the RTI Act. In a formal legal opinion, the A-G asserted that both laws serve distinct purposes and are designed to coexist within India’s constitutional framework.


Privacy Protection and Public Interest Can Coexist

According to the opinion, the DPDP Act focuses on safeguarding personal data in the digital ecosystem, while the RTI Act remains a cornerstone of democratic transparency. The A-G emphasized that personal data exemptions under RTI existed even before the DPDP Act, and the new legislation does not introduce blanket secrecy over information held by public authorities.


RTI Act Retains Its Core Authority

The opinion clarifies that disclosures under the RTI Act—especially those justified by larger public interest—remain protected. Information that serves accountability, exposes corruption, or promotes transparency can still be accessed, provided it meets the established public interest tests already embedded in RTI jurisprudence.


Misinterpretation of Amendments Addressed

Recent amendments aligning RTI provisions with the DPDP Act triggered fears among activists and transparency advocates that privacy would be used as a shield against disclosure. However, the A-G noted that harmonization of laws does not equate to dilution, and existing safeguards ensure that public authorities cannot arbitrarily deny information.


Balancing Privacy in the Digital Age

The Attorney General highlighted that the DPDP Act reflects India’s obligation to protect citizens’ personal data in an increasingly digital governance model. At the same time, it does not erode citizens’ right to seek information about public decision-making, policy execution, or the use of public funds.


Government Reassures Transparency Advocates

With this clarification, the government aims to reassure civil society, journalists, and activists that the RTI Act continues to function as a powerful transparency tool. The opinion reinforces that privacy and transparency are not mutually exclusive, but complementary rights that must be balanced carefully.