Congress Again Targets Modi Government Over RTI Law, Jairam Ramesh Urges To Repeal Weakening Amendments

Ramesh’s statement comes days after Vaishnaw responded to his letter, in which the Congress leader had expressed concerns over Section 44(3) of the Digital Personal Data Protection (DPDP) Act, 2023, which imposes “restrictions” on sharing personal information under the RTI Act, 2005.

In response to Ramesh’s letter, Vaishnaw had clarified that personal information subject to public disclosure under various laws would continue to be shared under the RTI Act even after the new data protection rules come into effect.

In a new letter to Vaishnaw on Sunday, Ramesh wrote, “Thank you very much for responding on April 10, 2025, to my letter dated March 23, 2025, regarding the far-reaching amendment to the RTI Act, 2005 through Section 44(3) of the Digital Personal Data Protection (DPDP) Act, 2023.”

He added, “I now wish to raise four points in response to the arguments you provided in defense of this damaging amendment. First, the reference in your letter to Section 3 of the DPDP Act, 2023, to protect disclosures under the RTI Act, 2005, is entirely irrelevant, as Section 8(1) of the RTI Act, 2005, has itself been significantly amended.”

Ramesh noted, “Section 3 of the DPDP Act will now only protect disclosures as per the amended Act, which exempts all personal information from being accessible.”

He stated that the implementation of the RTI Act, 2005, has shown it is capable of preventing the disclosure of personal information unrelated to any public activity or public interest, as evidenced by several rulings from the Supreme Court and various High Courts.

He further said, “Third, this provision does not only apply to the exemption granted to the disclosure of personal information but extends to all exemptions provided under Section 8(1) of the RTI Act, 2005. Fourth, you mentioned the Supreme Court’s Puttaswamy judgment. Please note that this judgment nowhere suggests the need for amendments to the RTI Act, 2005.”

Ramesh argued, “The judgment emphasizes that protecting privacy and promoting institutional transparency are not mutually exclusive but are jointly necessary.”

He added, “Therefore, I strongly urge you again to halt, review, and repeal the amendment made to the RTI Act, 2005. As you may have noticed, a wide section of civil society members, academics, and political party leaders have expressed serious concerns on this issue.”

In his letter to Vaishnaw on March 23, Ramesh had stated that Section 44(3) of the DPDP Act restricts the sharing of personal information under the RTI Act, 2005.

He had said that Section 44(3) of the Data Protection Act, 2023, seeks to replace clause (j) of Section 8(1) of the RTI Act, 2005 (relating to personal information).

Ramesh noted that this amendment would eliminate all provisions of the sub-section, including the one stating that “information which cannot be denied to Parliament or a State Legislature shall not be denied to any person.”