Supreme Court to Examine Definition of “Personal Data” under DPDP Law

Why in the News

The Supreme Court of India has agreed to examine what constitutes “personal data” and “public data” under the Digital Personal Data Protection Act, 2023, amid concerns that the law may restrict access to information under the Right to Information Act, 2005.

Background of the Case

• The petition was filed by journalist Geeta Seshu and the Software Freedom Law Center India.
• It was argued by senior advocate Indira Jaising.

The petition claims the DPDP law may:

• Restrict journalists’ access to information in the public interest
• Allow excessive state surveillance
• Weaken transparency provisions under RTI.

Issues Raised in the Petition

1. Restriction on RTI Access

• Section 44(3) of the DPDP Act allegedly blocks disclosure of personal information through RTI requests.
• The term “public interest” has reportedly been removed, making access to information harder.

2. Lack of Clear Definitions

• The petition argues the law does not clearly define: Personal data, Public data, and Information. This ambiguity may allow authorities to deny access to important information.

3. Compensation Concerns

• Penalties for data breaches go to the Consolidated Fund of India.
• Individuals whose data is violated do not receive direct compensation.

Court’s Observations

The Bench headed by Surya Kant said:

• A balance must be maintained between privacy and transparency.
• Data privacy should not undermine the public’s right to information.
• The Court also noted that data has become a major economic and strategic resource, requiring careful regulation.

What Happens Next

• The petitioners have been asked to frame specific legal questions.
• The case will be heard further on March 23, 2026.

Significance

• The case could shape how privacy laws interact with RTI in India.
• It may clarify the scope of personal data in governance and journalism.
• The judgment could influence the future of digital rights and transparency in India.