SC to study what constitutes 'personal data' in DPDP laws
The Supreme Court has agreed to examine the definition of 'personal data' under India's new Digital Personal Data Protection (DPDP) Act, 2023, and its corresponding Rules, 2025. This decision follows a petition arguing that the law's vague definitions and the deletion of 'public interest' from the Act hinder journalists' access to information and compromise the right to information. Chief Justice Surya Kant emphasized the need to balance privacy with the right to information, questioning when data of public officials should be considered public versus personal. Concerns were also raised about the Act's penalty-centric framework, where fines go to the government, not the injured data principal.
Key Points
- The Supreme Court will examine the definition of 'personal data' under the Digital Personal Data Protection (DPDP) Act, 2023.
- The petition argues that the Act's vague definitions and the removal of 'public interest' clause impede journalists' access to information.
- Chief Justice Surya Kant stressed the importance of balancing the right to privacy with the right to information.
- Concerns were raised that the DPDP Act's penalty framework directs fines to the government, leaving the data principal without compensation for harm.
- The court will also consider when data of public office holders should be treated as public or personal.
Exam Facts
- The Digital Personal Data Protection (DPDP) Act, 2023, and its Rules, 2025, are under scrutiny.
- The petition was jointly filed by journalist Geeta Seshu and the Software Freedom Law Center.
- Senior advocate Indira Jaising represented the petitioners.
- Chief Justice of India Surya Kant heads the three-judge Bench.
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