SC Notice To Centre On Plea Challenging 2023 Data Protection Law
The top court observed that the issue was "complex but interesting" and touched upon the fundamental rights of both sides.
By Sumit Saxena
Published : February 16, 2026 at 2:47 PM IST
New Delhi: The Supreme Court on Monday issued notice to the Centre on the pleas challenging certain provisions of the Digital Personal Data Protection Act, 2023, and the Digital Personal Data Protection Rules, 2025, over their amendment of the provisions of the Right to Information Act.
The matter came up before a bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and Vipul M Pancholi. The bench agreed to examine the legal complexities of the Act, but declined to grant an interim stay on the impugned provisions.
The bench was dealing with three writ petitions: one filed by Venkatesh Nayak, another by the digital news platform The Reporters Collective and journalist Nitin Sethi, and the third by the National Campaign for People's Right to Information (NCPRI). Advocates Vrinda Grover and Prashant Bhushan represented the petitioners before the bench.
During the hearing, the bench observed that the issue was "complex but interesting" and touched upon the fundamental rights of both sides. The bench said that some ironing out of the creases might be needed to strike a balance. Bhushan submitted that an application for stay has also been filed. However, the bench made it clear that there won't be any stay of the legislation.
It was argued before the bench that the Act lacks surgical precision in its attempt to protect privacy. It was further submitted that instead of using a chisel (the legislature), has used a hammer, and has thus rendered a body blow (to RTI).
The plea, moved by The Reporters' Collective and renowned journalist Nitin Sethi, argues that the new data regime severely dilutes the Right to Information (RTI) Act and grants the Centre "sweeping powers" over personal data. The petition said the DPDP Act creates a blanket bar on the disclosure of personal information, effectively dismantling the transparency framework established by the RTI Act.
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