Supreme Court Questions Digital Personal Data Protection Act's Impact on Transparency

Supreme Court Seeks Government's Response on Data Protection Concerns

New Delhi: On Monday, the Supreme Court requested the Central Government to respond to a Public Interest Litigation (PIL) that challenges certain aspects of the Digital Personal Data Protection Act, 2023. The petitioners argue that these provisions undermine the transparency guaranteed by the Right to Information Act of 2005.

The bench, led by Chief Justice Surya Kant and Justice Joymalya Bagchi, called for responses from the Ministry of Personnel, Public Grievances and Pensions and the Ministry of Law and Justice, following arguments presented by senior advocate Shayam Divan on behalf of the petitioners.

Additionally, the court ordered that Rajasthan be included as a party in the case.

The PIL was submitted by the 'Mazdoor Kisan Shakti Sangathan' alongside activists Aruna Roy, Nikhil Dey, and Shankar Singh Rawat.

The petition specifically contests Section 44(3) of the Digital Personal Data Protection Act, 2023, which replaces Section 8(1)(j) of the RTI Act.

The petitioners are requesting the court to issue a writ of certiorari or a declaration to invalidate Section 44(3) of the Digital Personal Data Protection Act, 2023, claiming it is unconstitutional and violates Articles 14, 19(1)(a), and 21 of the Indian Constitution.

Among the primary requests, the petitioners seek the restoration of the original Section 8(1)(j) of the RTI Act, effective retroactively from November 13, 2025.

They also want the court to affirm that the proactive disclosure requirements under Section 4 of the RTI Act, which mandates the disclosure of beneficiary data and social audit records, remain in effect despite the new DPDP Act.

Furthermore, the petition calls for orders to prevent authorities from limiting or restricting access to information currently available through transparency and accountability portals, including the Jan Soochna Portal in Rajasthan and similar platforms established under the RTI Act or other welfare laws.