RTI vs Data Privacy: SC seeks response on challenge to DPDP act amendment

The Supreme Court on Monday sought the Centre’s response on a Public Interest Litigation (PIL) challenging key provisions of the Digital Personal Data Protection (DPDP) Act, 2023 , alleging that they dilute transparency safeguards under the Right to Information (RTI) Act, 2005 .

A bench comprising Chief Justice Surya Kant and Justice Joymalya Bagchi issued notices to the Ministry of Personnel, Public Grievances and Pensions (Department of Personnel and Training) and the Ministry of Law and Justice after hearing submissions from senior advocate Shyam Divan , appearing for the petitioners. The court also directed that the State of Rajasthan be implemented as a party in the matter.

The PIL, filed by Mazdoor Kisan Shakti Sangathan (MKSS) along with activists Aruna Roy, Nikhil Dey, and Shankar Singh Rawat , challenges Section 44(3) of the DPDP Act, 2023 . This provision amends the RTI Act by substituting Section 8(1)(j) , which earlier governed exemptions relating to disclosure of personal information held by public authorities.

The petitioners argue that the amendment significantly narrows the scope of information disclosure and weakens the RTI framework, which has been central to ensuring governmental transparency and accountability. They have contended that the change violates Articles 14, 19(1)(a), and 21 of the Constitution by restricting citizens’ right to information.

The DPDP Act, 2023, enacted to establish a comprehensive framework for the protection of digital personal data, primarily focuses on regulating the processing of personal information by public and private entities. However, the petition argues that its interaction with the RTI Act particularly through Section 44(3)creates a conflict between privacy protection and the public’s right to access information .

Among the reliefs sought, the petitioners have urged the court to restore the original Section 8(1)(j) of the RTI Act , including its proviso, with retrospective effect. They have also sought directions to ensure that the RTI Act’s proactive disclosure obligations under Section 4 remain fully operational, particularly for welfare-related data such as beneficiary lists, muster rolls, and social audit records.

The plea further seeks to restrain authorities from curtailing access to transparency platforms like the Jan Soochna Portal (Rajasthan) and similar disclosure systems established under welfare legislation. The case is expected to examine the constitutional balance between data privacy and transparency in governance , a key issue in India’s evolving digital rights framework.