Supreme Court Examination of Digital Personal Data Law
The Supreme Court of India is set to examine the definitions of 'personal data' within the context of India's new digital personal data legislation. This comes amid accusations that the law is being utilized to hinder the right to information.
Background and Legal Challenge
- The case is led by a three-judge Bench headed by Chief Justice Surya Kant.
- The focus arises from the Digital Personal Data Protection (DPDP) Act, 2023 and the related Digital Personal Data Protection Rules, 2025.
- A petition was filed by journalist Geeta Seshu and the Software Freedom Law Center, represented by senior advocate Indira Jaising and advocate Paras Nath Singh.
Petitioners' Arguments
- The DPDP laws are said to hinder journalists from accessing data about public officials.
- The law, while protecting personal data, allegedly legalizes excessive state surveillance and weakens the Right to Information (RTI).
- It is argued that the Act establishes a regulator that is overly dependent on the Executive branch.
- Section 44(3) imposes a "blanket ban" on RTI applications seeking "personal information".
Concerns Highlighted
- The deletion of the term ‘public interest’ from the Act limits journalists' access to essential data.
- The State is exempt from restrictions on accessing personal data, allowing for broad surveillance.
- Compensation for data breaches is directed to the government instead of the affected individuals.
Judicial Considerations
- The Chief Justice emphasized finding a balance between privacy and the right to information.
- Questions include when public office data should be deemed public versus personal.
- The concept of ‘data sovereignty’ was introduced, emphasizing domestic laws' protection of data.
