Supreme Court to Study What Constitutes ‘Personal Data’ in DPDP Laws

Supreme Court to Study What Constitutes ‘Personal Data’ in DPDP Laws

  • Context:

  • The Supreme Court has agreed to examine the definitions of "public data" versus "private data," noting that this distinction is crucial to deciding the validity of the Digital Personal Data Protection (DPDP) Act, 2023, and its 2025 Rules.

  • Privacy vs. Right to Information (RTI)

  • The primary contention raised by the petitioners is that the DPDP Act uses data privacy norms to systematically block the Right to Information.

  • The DPDP Act amends Section 8(1)(j) of the RTI Act, introducing a blanket ban on the disclosure of any "personal information".

  • Previously, information commissioners could disclose personal data if an overriding "public interest" justified it.

  • The new law completely deletes this public interest exemption, severely restricting transparency

  • Impact on Journalism and Transparency

  • Senior advocate Indira Jaising argued before the Court that the Act fails to clearly define critical terms such as "information" and "personal".

  • Without the public interest exemption, journalists are effectively stalled from accessing crucial data concerning individuals holding public office, which hampers accountability and investigative journalism.

  • State Surveillance and the Compensation Vacuum:

  • Exemptions for the State:

  • While the law tightly restricts public access to information, it grants the State broad exemptions.

  • Petitioners argued this allows the government to mount sweeping mass surveillance programs without judicial oversight.

  • No Restitution for Victims:

  • Under the DPDP Act, penalties are payable exclusively to the Consolidated Fund of India.

  • The individual whose privacy was actually violated receives no compensation, restitution, or restoration, even in cases involving financial fraud, dignitary injury, or identity theft.

  • Supreme Court’s Observations:

  • Chief Justice Surya Kant noted that "data has become the true wealth of the day" and emphasized the absolute necessity of striking a balance between the fundamental right to privacy and the right to information.