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A constitutional challenge has been raised before the Supreme Court of India against provisions of the Digital Personal Data Protection Act, 2023 (“the Act”). The challenge arises in Venkatesh Nayak v. Union of India, W.P.(C) No. 177 of 2026, The Reporters Collective Trust & Anr. vs. Union of India & Ors., W.P.(C) No.211 OF 2026and National Campaign for Peoples Right to Information vs. Union of India, W.P.(C) No. 212 of 2026, where the petitioners have contended that the Act itself is unconstitutional since Section 44(3) of the Act amends Section 8(1)(J) of the Right to Infoirmation Act, 2005 in an unjust and manifestly arbitrary manner and since the Act affords no exemptions to the processing of personal data for journalistic purposes.
The Petitioners, who are activists and civil society groups, also argue that the Act removes the earlier safeguards that allowed disclosure when public interest outweighed privacy. They contend that the provisions of the Act impose a blanket restriction on access to information, potentially allowing authorities to deny Right to Information requests concerning public officials, procurement records, and use of public funds.
The Petitioners allege that the Act violates Articles 14 and 19(1)(a) of the Constitution by undermining transparency and Right to Information. Recognising the constitutional importance of balancing privacy and the Right to Information, a bench headed by CJI Surya Kant referred the matter to a Constitution Bench. The case will play a crucial role in defining how India reconciles data protection with accountability of the government.
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