With data being managed by global companies, right to privacy matter of concern: Supreme Court

New Delhi: The Supreme Court on Thursday decided to examine a plea challenging the provisions of the Digital Personal Data Protection Act, 2023, saying with data now managed by massive global companies, safeguarding data sovereignty and the right to privacy has become an urgent global concern that demands clear legal boundaries.

A bench of Chief Justice of India Surya Kant and Justices Joymalya Bagchi and Vipul M Pancholi was hearing a plea filed by Geeta Seshu and others inter alia seeking direction or declaration quashing and setting aside Sections 7, 17(2)(a), 19(3) 24, 36, 44(2)(a), and 44(3) of the Digital Personal Data Protection Act, 2023, for being unconstitutional, void and inoperative, and violative of Articles 14, 19(1)(a), 19(1)(g), 21 and 21A of the Constitution.

The court issued notice to the Centre and others, seeking their response to the plea upon hearing senior advocate Indira Jaisingh for the petitioners.

During the hearing, the court emphasized that because data is now handled by "massive global companies", protecting data sovereignty and the "right to privacy" has become an urgent global issue that needs clear legal boundaries.

The bench observed that data is becoming the real wealth. However, ultimately the interesting question that will have to be determined is: what is public data and what is personal data, the court said.

The court also said another point can be whether data with respect to a person, so long as he holds a public office, can be termed as personal data or can it be termed as private data.

It was contended that there are provisions in this Act which enabled access of data from other countries also.

The counsel contended that data sovereignty issues also arose in the matter.