The Supreme Court has issued notice to the Union government in a batch of petitions challenging the Digital Personal Data Protection Act, 2023, with petitioners alleging that the law could undermine citizens’ privacy.
The petitions, filed by journalist Geeta Seshu and others including social activists and public interest groups, came up before a bench headed by Chief Justice Suryakant. Senior advocate Indira Jaising, appearing for the petitioners, argued that the law dilutes the fundamental right to privacy and also weakens the effectiveness of the Right to Information framework.
She contended that the government has wide powers in appointing members of the Data Protection Board, which could affect the body’s independent functioning. She also flagged a provision that allows the government to collect information in the “public interest”, arguing that the term is not clearly defined and could enable collection of data without individuals’ knowledge.
The petitioners further raised concerns that the law’s conditions could allow handling of Indian data even from abroad, calling it an issue linked to sovereignty and seeking urgent judicial intervention.
After hearing the submissions, the bench noted that several complex questions arise, including how to distinguish personal data from public data and how data should be treated when it relates to a person who is a government official. Stating that privacy rights must be protected, the court directed the Centre to provide a detailed explanation and issued notice in the matter.
