SC notice to centre on plea challenging data protection law
NEW DELHI [Maha Media]: The Supreme Court on Monday issued notice to the Centre on a public interest litigation challenging certain provisions of the Digital Personal Data Protection Act, 2023, alleging that they weaken transparency safeguards under the Right to Information (RTI) Act, 2005.
A bench comprising Chief Justice Surya Kant and Justice Joymalya Bagchi sought responses from the Ministry of Personnel, Public Grievances and Pensions (Department of Personnel and Training) and the Ministry of Law and Justice after hearing submissions by senior advocate Shyam Divan for the petitioners.
The court also directed that the Rajasthan government be added as a party to the case.
The petition has been filed by Mazdoor Kisan Shakti Sangathan along with activists Aruna Roy, Nikhil Dey and Shankar Singh Rawat.
It specifically challenges Section 44(3) of the Digital Personal Data Protection Act, 2023, which replaces Section 8(1)(j) of the RTI Act dealing with disclosure exemptions linked to personal information.
The petitioners have sought a declaration striking down Section 44(3), arguing that it violates Articles 14, 19(1)(a) and 21 of the Constitution.
They have also requested restoration of the original Section 8(1)(j) of the RTI Act, including its proviso, with retrospective effect from November 13, 2025.
The plea further asks the court to declare that proactive disclosure obligations under Section 4 of the RTI Act—covering beneficiary data, muster rolls, social audit records and similar public-interest information—must continue unaffected by the data protection law.
In addition, the petition seeks directions preventing authorities from restricting or dismantling access to existing transparency portals, including Rajasthan’s Jan Soochna Portal and similar public information systems created under the RTI Act or welfare legislation.
