Particle.news
Download on the App Store

Supreme Court Flags ‘Public vs Personal Data’ Test, Seeks Centre’s Reply on DPDP Challenges

The bench said it must reconcile privacy with the right to information in judging the law.

Overview

  • The Supreme Court issued notice on petitions challenging the Digital Personal Data Protection Act, 2023 and its 2025 Rules, directing the Centre to respond by March 23 and tagging multiple cases for joint hearing.
  • CJI Surya Kant with Justices Joymalya Bagchi and Vipul M. Pancholi said defining what counts as public data versus personal data is central to assessing the law’s validity.
  • The petition by journalist Geeta Seshu and the Software Freedom Law Centre alleges disproportionate state surveillance, wide exemptions for government bodies, and overbroad data-requisition powers on grounds such as public order.
  • Petitioners challenge the amendment to RTI Act Section 8(1)(j) via DPDP Section 44(3), saying the removal of the public‑interest balancing test creates a blanket bar on disclosing personal information, harming accountability reporting.
  • They also contest the repeal of IT Act Section 43A and the penalty framework that pays fines to the state rather than victims, question the independence and composition of the Data Protection Board, and note a fresh plea by Anjali Bhardwaj and Amrita Johri targeting the RTI changes and seeking safeguards for RTI‑sourced data and whistleblowers.