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2) Examine whether Right to privacy and right to information are inherently at conflict with each other. Discuss the regulatory architecture through which the two objectives can be reconciled?(250 words)

Topic– Important aspects of governance, transparency and accountability

2) Examine whether Right to privacy and right to information are inherently at conflict with each other. Discuss the regulatory architecture through which the two objectives can be reconciled?(250 words)

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Why this question

The article discusses that both RTI and privacy are important civil rights that need to be preserved, however both have contradictory aims which makes it interesting how the two might be reconciled. Herein, we need to examine the pros and cons of the various regulatory architecture and decide which is the most apt for reconciling the two.

Key demand of the question

The question expects us to first explain how the two are individually important and why they are at odds with each other. Give your opinion on the pertinent questions in this case which are – what would be the mandate of the future data protection authority (DPA) it envisages; and how would the mandate be reconciled with that of the information commissioner.

Directive word

Examine – When you are asked to examine, you have to probe deeper into the topic,  get into details, and find out the causes or implications if any .

Discuss – This is an all-encompassing directive – you have to debate on paper by going through the details of the issues concerned by examining each one of them. You have to give reasons for both for and against arguments.

Structure of the answer

Introduction – Mention the view of information commissioner Sridhar Acharyulu ,who, in an attempt to save the right to information (RTI) from dilution, cautioned against amending the RTI Act while implementing the data protection framework suggested by the Srikrishna Committee report.

Body

  • Explain why the objectives of the two are at loggerheads and the view of Srikrishna committee regarding the same
  • Discuss the present regulatory architecture and highlight how in future the regulatory architecture needs to be modified to ensure that the objectives of both right to information and privacy is maintained. Discuss the pros and cons of two body and single body model and discuss the model which would be suitable for India.

Conclusion – Give a fair and balanced view and the way forward for India to reconcile the two.