Data Disclosure Exempted from RTI if Harm to Individual Outweighs Public Interest: Srikrishna Committee Draft

Advertisement
By Indo-Asian News Service | Updated: 30 July 2018 10:21 IST

The draft for personal data protection law recommended by the Justice Srikrishna Committee proposes exemption of those personal information from disclosure under the Right to Information (RTI) Act, which can cause harm to the person concerned.

The 213-page report, prepared by a 10-member committee set up last year under the chairmanship of the retired Supreme Court judge, Justice BN Srikrishna, said the data protection law is designed to limit the processing of personal data to legitimate reasons where the flow of information is beneficial and respects autonomy of the data principal.

Advertisement

The report which was submitted to the government on Friday has proposed amendments to the Section 8(1)(j) of the RTI Act which mentions exemptions from the disclosures under the Act.

"In addition to the likelihood of harm, disclosure should be restricted only where any likely harm outweighs the common good of transparency and accountability in the functioning of public authorities," the report said regarding any personal information with a government authority.

Advertisement

"Only if such information is likely to cause harm to a data principal and such harm outweighs the aforementioned public interest, can the information be exempted from disclosure," it added.

The report noted that nothing contained in the data protection bill will apply to the disclosure under Section 8(1)(j) section. This is to prevent privacy from becoming a stonewalling tactic to hinder transparency, it added.

Advertisement

"The RTI Act prescribes a standard for privacy protection in laying out an exemption to transparency requirements under Section 8(1)(j). This needs to be amended to clarify when it will be activated and to harmonise the standard of privacy employed with the general data protection statute."

 

Get your daily dose of tech news, reviews, and insights, in under 80 characters on Gadgets 360 Turbo. Connect with fellow tech lovers on our Forum. Follow us on X, Facebook, WhatsApp, Threads and Google News for instant updates. Catch all the action on our YouTube channel.

Advertisement
Popular Mobile Brands
  1. Smartphones Launched in India (April 2026): Top Handsets Launched in April
  1. Amazon Now Expands to More Indian Cities With New Micro Warehouses
  2. Amazon Prime Day 2026 India Sale Set for July: Here’s What to Expect
  3. Bakkt Acquires DTR to Build Stablecoin Settlement Layer
  4. Samsung India Mobile Chief Raju Antony Pullan Steps Down; Aditya Babbar to Reportedly Lead MX Operations
  5. Oppo Reno 16, Reno 16 Pro Set to Launch Later This Month; Pre-Reservations Begin
  6. Samsung Galaxy S26 Ultra Successor Might Skip the 3x Telephoto Rear Camera, Early Leak Suggests
  7. Drift Exploit Claims Its First Victim as DeFi Protocol Carrot Shuts Down
  8. Realme 16T Geekbench Listing Suggests Possible Performance Downgrade Over Realme 15T
  9. Microsoft Rolls Out Xbox Mode on Windows 11 PCs in Select Markets
  10. OnePlus, Nothing and More Smartphone Makers Reportedly Raise Prices of Their Mid-Range, Flagship Handsets as RAM Shortage Rages On
Download Our Apps
Available in Hindi
© Copyright Red Pixels Ventures Limited 2026. All rights reserved.