Critical Analysis of Digital Personal Data Protection Act, 2023 with reference to Right to Information Act, 2005

Abstract

Mahatma Gandhi once said, “The real Swaraj will come not by the acquisition of authority by a few but by the acquisition of capacity by all to resist authority when abused”^[1]. From secrecy of information (under the Official Secrets Act, 1923) to right to information, the RTI has evolved from the Freedom of Information Act, 2002 to the Right to Information Act, 2005. RTI aims to ensure ‘energetic’ and ‘effective’ performance by ‘public authority’ for better governance. As such, the Constitution of India does not explicitly grant it but it is implicit in the Freedom of Speech and Expression^[2] read with Right to Life^[3] and supported by Constitutional remedies^[4] to approach the courts. Dynamic interpretation of these provisions, over a period of time, has led to the advancement of RTI in India.