The Supreme Court has issued notice to the Centre on a fresh plea challenging a provision of the Digital Personal Data Protection Act, 2023 that allegedly restricts information obtained under the RTI Act.
The Court tagged the petition with similar pending cases and will hear the matter on March 23.
The Supreme Court on Friday sought a response from the Central government on a fresh petition challenging the constitutional validity of certain provisions of the Digital Personal Data Protection Act, 2023 (DPDP Act). The plea raises concerns that the law may restrict the public’s right to access information under the Right to Information Act, 2005.
A Bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi issued notice to the Centre on the petition and decided to tag it along with other pending cases that question similar provisions of the DPDP Act. The Court has scheduled the matter for further hearing on March 23.
The new petition has been filed by transparency activists Anjali Bhardwaj and Amrita Johri. In their plea, the petitioners have asked the Court to clarify that the provisions of the Digital Personal Data Protection Act should not apply in situations where personal data has been accessed lawfully through the Right to Information Act, 2005. According to the petition, such information should be allowed to be processed, analysed, disseminated, or republished without restrictions imposed by the new data protection law.
The plea argues that applying the DPDP Act to information obtained through the RTI framework could weaken transparency mechanisms and discourage the sharing of information that serves public interest. It states that the provisions of the 2023 Act should not apply to processing of personal data in matters of public interest, especially when individuals expose corruption, misuse of public office, or commission of offences.
The petition also specifically challenges Section 44 of the Digital Personal Data Protection Act, 2023. This provision replaces an existing clause in Section 8 of the Right to Information Act, which deals with exemptions from disclosure of information. The petitioners have argued that this amendment undermines the spirit of the RTI law and restricts citizens’ right to access information held by public authorities.
According to the plea, Section 44 of the DPDP Act is unconstitutional as it interferes with fundamental rights guaranteed under the Constitution. The petition claims that the provision is unconstitutional because it is
“impermissibly curtailing the fundamental right to information”.
The Supreme Court has decided to hear this matter together with other pending challenges to the Digital Personal Data Protection Act. The case is part of a growing legal debate over the balance between protecting personal data and preserving transparency in governance.
Meanwhile, the apex court had also sought a response from the Central government a day earlier on another petition challenging the constitutional validity of several provisions of the DPDP Act. That petition raises concerns regarding the absence of adequate safeguards for journalists and media organizations when processing personal data for reporting and investigative purposes.
The petition in that matter asks the Court to direct the government to introduce clear exemptions under the Digital Personal Data Protection Act, 2023 and the Digital Personal Data Protection Rules, 2025. It seeks protection for processing personal data in the context of journalism, editorial work, investigative reporting, and public interest reporting. The plea also calls for safeguards to protect the confidentiality of journalistic sources.
Earlier, on February 16, the Supreme Court had agreed to examine a batch of petitions challenging various provisions of the DPDP Act. However, the Court declined to grant any interim relief against the law at that stage. The Bench had clarified that the judiciary would not suspend the operation of a law enacted by Parliament without first conducting a detailed hearing.
While refusing to stay the provisions of the Act at the interim stage, the Court had observed that
“by an interim order, it will not thwart a regime introduced by Parliament unless we hear the case”.
With multiple petitions now pending before the Supreme Court, the constitutional validity and practical impact of the Digital Personal Data Protection Act, 2023 will likely undergo detailed judicial scrutiny in the coming weeks. The outcome of these cases could significantly shape how India balances data privacy protections with transparency, investigative journalism, and the public’s right to information.
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