Supreme Court notice to Centre on fresh plea challenging provision of 2023 data protection law

The fresh petition has sought a direction to declare that provisions of the 2023 Act shall not apply to processing, analysis, dissemination or re-publication of personal data accessed under RTI Act, 2005

New Delhi: The Supreme Court on Friday sought a response from the Centre on a fresh plea challenging the validity of a provision of the Digital Personal Data Protection Act, 2023.

A bench of Chief Justice Surya Kant and Justice Joymalya Bagchi issued notice to the Centre on the plea and tagged it with pending pleas raising similar issue.

The fresh petition, filed by Anjali Bhardwaj and Amrita Johri, has sought a direction to declare that provisions of the 2023 Act shall not apply to processing, analysis, dissemination or re-publication of personal data accessed and obtained under the Right to Information Act, 2005.

It also sought a direction that provisions of the 2023 Act would not apply to processing of personal data in public interest, including by those blowing the whistle on corruption, misuse of public office or commission of an offence.

The plea has sought a declaration that Section 44(3) of the 2023 Act, insofar as it substitutes clause (j) of Section 8(1) of the Right to Information Act, is unconstitutional, being ultra vires of Articles 14 and 19(1)(a) of the Constitution, for "impermissibly curtailing the fundamental right to information".

The bench has posted the matter for hearing on March 23.

The apex court had on Thursday sought a response from the Centre on a separate plea challenging the constitutional validity of several provisions of the 2023 Act.

The separate petition has sought a direction to the Centre to incorporate and notify a specific and proportionate exemption under the 2023 Act and the Digital Personal Data Protection Rules, 2025, for processing of personal data for journalistic, editorial, investigative and public interest reporting purposes, including protection of journalistic sources.

On February 16, the top court agreed to examine a batch of pleas challenging the validity of several provisions of the 2023 Act.

It, however, refused to grant an interim stay on the impugned provisions, saying "by an interim order, it will not thwart a regime introduced by Parliament unless we hear the case".