DataProtection – Supreme Court Seeks Centre’s Response on DPDP Law Challenge

DataProtection –  The Supreme Court on Monday asked the Union government to respond to a petition that questions the constitutional validity of certain provisions of the Digital Personal Data Protection Act, 2023. The case brings into focus concerns over data privacy, transparency, and the balance between individual rights and state authority in India’s evolving digital framework.

Petition Raises Concerns Over Transparency and Oversight

The plea has been filed by The Reporters’ Collective along with senior journalist Nitin Sethi. The petitioners contend that several sections of the new data protection law undermine the spirit of the Right to Information framework and vest extensive control over personal data in the hands of the Central government.

According to the petition, the Act introduces restrictions that may prevent the disclosure of information previously accessible under transparency laws. The challenge argues that this shift could weaken mechanisms that enable citizens to seek accountability from public authorities.

The matter was heard by a bench led by Chief Justice Surya Kant, along with Justices Joymalya Bagchi and Vipul M. Pancholi. The bench issued notice to the Centre, signaling its willingness to examine the constitutional questions raised in the petition. However, the court declined to suspend the operation of the contested provisions at this stage.

Court Declines Interim Relief

While agreeing to consider the legal issues involved, the Supreme Court made it clear that no interim stay would be granted on the functioning of the challenged sections of the law. This means the Digital Personal Data Protection Act will continue to remain in force as the case proceeds.

The court’s decision to seek the government’s response marks the beginning of a detailed judicial review. The proceedings are expected to address whether the law strikes an appropriate balance between safeguarding personal data and maintaining access to information in matters of public interest.

Argument: Privacy Protection or Excessive Restriction?

Appearing on behalf of the petitioners, advocate Vrinda Grover argued that the legislation lacks careful calibration. She suggested that in attempting to strengthen privacy safeguards, the Act may have imposed sweeping restrictions that go beyond what is necessary.

The petition asserts that the law effectively creates a broad prohibition on the disclosure of personal information. According to the challengers, such a blanket approach risks eroding the transparency architecture established under the Right to Information Act. They argue that without clearly defined limitations and exceptions, the law could curtail citizens’ ability to obtain information about public officials and decision-making processes.

Broader Implications for Data Protection and RTI

The Digital Personal Data Protection Act, 2023, was introduced to regulate the processing of personal data and to establish safeguards in an increasingly digital ecosystem. It is positioned as a key element of India’s data protection framework, aiming to protect individuals’ privacy while enabling lawful data use.

However, the petition highlights concerns that the law may unintentionally affect the functioning of transparency legislation. Observers note that the intersection between privacy and the right to information has long been a complex legal issue, often requiring courts to weigh competing public interests.

The Supreme Court’s examination of the matter is likely to clarify how these two legal principles should coexist. The outcome could have lasting implications for journalists, civil society groups, and citizens who rely on access to information for public accountability.

As the Centre prepares its response, the case is set to become a significant test of India’s data governance framework. The court’s eventual ruling will determine whether the contested provisions align with constitutional guarantees and established transparency norms.