SC issues notice to Centre on plea challenging 2023 data protection law

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New Delhi, February 16

The Supreme Court on Monday issued a notice to the Centre on a plea challenging the constitutional validity of several provisions of the Digital Personal Data Protection (DPDP) Act, 2023. The plea, moved by The Reporters’ Collective and renowned journalist Nitin Sethi, argues that the new data regime severely dilutes the Right to Information (RTI) Act and grants the Centre “sweeping powers” over personal data.

A bench comprising Chief Justice Surya Kant and justices Joymalya Bagchi and Vipul M Pancholi, while agreeing to examine the legal complexities of the Act, refused to grant an interim stay on the impugned provisions. Representing the petitioners, advocate Vrinda Grover said that the Act lacks surgical precision in its attempt to protect privacy.

“Instead of using a chisel, (the legislature) has used a hammer, and has thus rendered a body blow (to RTI), ” the senior lawyer said. The petition said the DPDP Act creates a blanket bar on the disclosure of personal information, effectively dismantling the transparency framework established by the RTI Act.

PTI