The Supreme Court on Monday agreed to hear petitions challenging the Digital Personal Data Protection (DPDP) Act, 2023, citing concerns that it undermines the Right to Information (RTI) while granting sweeping privacy powers to public authorities. The Court refused to grant an interim stay, meaning the provisions remain in effect until a full hearing.
A three-judge bench of Supreme Court comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and Vipul M Pancholi issued notices on petitions filed by Venkatesh Nayak (The Reporters Collective), journalist Nitin Sethi, and the National Campaign for People’s Right to Information (NCPRI).
The core issue is Section 44(3) of the DPDP Act, which amends Section 8(1)(j) of the RTI Act, giving public authorities a blanket exemption from disclosing personal information. Previously, disclosures were allowed in cases of overriding public interest. Petitioners argue the amendment effectively tilts the balance in favor of privacy at the cost of accountability, weakening transparency and hindering journalists and activists who rely on limited personal data to expose corruption or wrongdoing.
Senior advocate Vrinda Grover at Supreme Court, representing the petitioners, said the law lacks surgical precision, describing it as using a “hammer instead of a chisel”, delivering a body blow to RTI safeguards. Advocate Prashant Bhushan cited the Subhash Agarwal judgment, which previously laid a framework for balancing privacy and RTI, but the bench said the new law requires fresh, deeper examination. Senior advocate Abhishek Singhvi also made submissions, though the Supreme Court proceeded to issue notices to ensure comprehensive responses.
The matter, described by the Supreme Court as complex and sensitive, has been referred to a larger bench, with hearings scheduled for March 2026. Observers say the case could set a landmark precedent defining the boundaries of citizens’ right to information versus privacy protections in India’s rapidly evolving digital landscape.
