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Chapter IX · Miscellaneous

Section 44: Amendments to Certain Other Acts

Section 44 is the Act's clean-up clause, but it carries real weight: it retires the old IT Act data-protection provision, and it rewrites the RTI Act's personal-information exemption, the single most debated change the DPDP Act makes.

Official text
Section 44Consequential amendments
Chapter
Chapter IX · Miscellaneous
Status
Partly in force
Full compliance
13 May 2027 (44(1),44(3): in force 13 Nov 2025)
Applies to
TRAI, IT and RTI Acts
Official citation
DPDP Act, 2023, s.44
Reading time
6 min
Updated
August 2026

At a glance

Section 44 makes consequential amendments to three other laws. Under 44(1), it amends Section 14 of the TRAI Act, 1997 to align appeal references with the Appellate Tribunal structures under the IT Act 2000, the AERA Act 2008 and the DPDP Act itself. Under 44(2), it amends the Information Technology Act, 2000: it omits Section 43A (the earlier provision on compensation for failure to protect sensitive personal data), amends the Section 81 proviso to preserve rights under the DPDP Act, and omits Section 87(2)(ob). Under 44(3), it substitutes Section 8(1)(j) of the Right to Information Act, 2005 so that the exemption now reads simply as information which relates to personal information. The IT Act change matters because it moves data-protection remedies out of Section 43A and into the DPDP regime. The RTI change is the most debated, because the new clause is broader than the old one, which balanced personal-information disclosure against a public-interest test. Section 44 is partly in force: 44(1) (the TRAI Act amendment) and 44(3) (the RTI Act amendment) commenced on 13 November 2025, while 44(2) (the IT Act amendments, including the omission of Section 43A) takes effect on 13 May 2027.

Applies to TRAI, IT and RTI ActsChapter Chapter IXEffective Partly in forceRead time 6 min

Key takeaways

  • Section 44 makes consequential amendments to three laws: the TRAI Act 1997, the IT Act 2000, and the RTI Act 2005.
  • It omits Section 43A of the IT Act, the old provision on compensation for failing to protect sensitive personal data, folding that regime into the DPDP Act.
  • It amends the IT Act Section 81 proviso to preserve rights under the DPDP Act, and omits the linked rule-making clause 87(2)(ob).
  • It substitutes Section 8(1)(j) of the RTI Act, so the personal-information exemption now reads simply as information which relates to personal information.
  • The RTI change is the most publicly debated part of the Act, because the new exemption is broader than the balanced test it replaces.
  • Section 44 is partly in force: the TRAI [44(1)] and RTI [44(3)] amendments commenced on 13 November 2025; the IT Act amendments [44(2)] take effect on 13 May 2027.

Who should read this

Read this if you work with RTI, or relied on the old IT Act Section 43A: this is where the DPDP Act reshapes both, and where the most contested policy question sits.

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In plain language

Section 44 is where the DPDP Act tidies up the statute book by amending other laws to fit the new regime. Most of it is technical, but two changes are substantive.

First, the IT Act change. The Act omits Section 43A, which had let people claim compensation when a company mishandled their sensitive personal data. That remedy now lives inside the DPDP framework instead, so the old route is retired rather than kept in parallel.

Second, and most debated, the RTI change. The Act rewrites Section 8(1)(j) of the RTI Act. The earlier clause exempted personal information only where disclosure had no public-interest connection or would be an unwarranted invasion of privacy, and it kept a safeguard: information that could not be denied to Parliament could not be denied to a citizen. The new clause simply exempts information which relates to personal information.

Supporters argue this aligns RTI with the privacy right recognised in the Puttaswamy judgment and gives a cleaner rule. Critics, including many transparency advocates, argue the broader wording removes the public-interest balancing and the Parliament safeguard, and could make it harder to obtain information about public officials. The change has been the subject of significant public debate. This page states what the amendment does; readers evaluating the policy will find arguments on both sides.

The text of the law

Section 44: Amendments to Certain Other Acts

44(1) — TRAI Act, 1997 Section 14 is amended so that the references to appeals align with the Appellate Tribunal under the Information Technology Act 2000, the Airports Economic Regulatory Authority of India Act 2008, and the DPDP Act 2023.

44(2) — IT Act, 2000 Section 43A (compensation for failure to protect sensitive personal data) is omitted; the proviso to Section 81 is amended to preserve rights under the DPDP Act; and Section 87(2), clause (ob), is omitted.

44(3) — RTI Act, 2005 In Section 8(1), clause (j) is substituted to read: information which relates to personal information.

Wording summarised from the enacted Act. Always confirm against the official Gazette text for authoritative language.

What this means for you

  • If you previously relied on IT Act Section 43A for a data-mishandling claim, note that route is being retired: the DPDP Act's own mechanisms (Board complaints, penalties) become the framework, so align your expectations to it.
  • If your work touches RTI requests involving personal information, track how the substituted Section 8(1)(j) of the RTI Act is applied and interpreted now that it is in force (from 13 November 2025), since the wording is broader than before.
  • Mind the split commencement: the RTI [44(3)] and TRAI [44(1)] amendments are already in force (from 13 November 2025), so the new RTI Section 8(1)(j) applies now; the IT Act changes [44(2)], including the Section 43A omission, take effect on 13 May 2027. Want to understand how the DPDP regime replaces older remedies for your organisation? Take the readiness assessment or find a specialist.

Frequently asked questions

Which laws does Section 44 amend?
The TRAI Act 1997, the Information Technology Act 2000, and the Right to Information Act 2005.
What happened to IT Act Section 43A?
It is omitted. The earlier compensation route for failing to protect sensitive personal data is folded into the DPDP regime.
What did the RTI amendment change?
It substitutes Section 8(1)(j) so the exemption reads simply as information which relates to personal information, broader than the earlier public-interest-balanced test.
Why is the RTI change controversial?
Critics say the broader exemption removes the public-interest balancing and a safeguard tied to Parliament; supporters say it aligns RTI with the recognised right to privacy. It has been widely debated.
Is Section 44 in force?
Partly. Sections 44(1) (TRAI Act) and 44(3) (RTI Act) are in force from 13 November 2025; 44(2) (IT Act) takes effect on 13 May 2027.

Sources

Related sections
Section 43: Power to Remove DifficultiesSection 33: Penalties and the ScheduleSection 8: Data Fiduciary ObligationsChapter IX overview

This is an educational explanation, not legal advice. dpdpactindia.in is an independent resource and is not affiliated with the Government of India.

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