Supreme Court Notice To Centre On Plea Challenging Data Protection Law

The Supreme Court has issued a notice to the Centre on a fresh petition challenging a provision of India’s 2023 data protection law, raising questions about the scope of the government’s powers under the legislation. The petition seeks a review of certain provisions of the Digital Personal Data Protection Act, 2023, arguing that they may undermine citizens’ fundamental right to privacy.

A bench of the Supreme Court of India directed the Union Government of India to respond to the plea and explain its position on the challenged provision. The petitioner has reportedly argued that the law grants the government broad exemptions from complying with some data protection obligations, which could allow the state to access or process personal data without sufficient safeguards.

The contested clause allows the government to exempt certain agencies from the law’s requirements in the interest of national security, public order or other specified purposes. According to the petition, such powers could be exercised without adequate checks and balances, potentially weakening protections for individuals’ personal data. The plea urges the court to review whether these provisions align with constitutional guarantees of privacy and due process.

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The 2023 legislation was enacted to create a comprehensive framework governing how personal data is collected, stored and processed by both private companies and government bodies. The law establishes obligations for data fiduciaries, outlines rights for individuals over their personal data and sets up mechanisms for grievance redressal and regulatory oversight. However, some legal experts and civil society groups have expressed concerns about exemptions granted to government entities.

During the hearing, the Supreme Court did not make any observations on the merits of the case but agreed to examine the matter. The bench issued a formal notice to the Centre and scheduled the case for further consideration after receiving the government’s response.

The challenge adds to the ongoing debate over data protection and privacy in India, particularly following the landmark 2017 ruling that recognised privacy as a fundamental right. As the court reviews the petition, its decision could have significant implications for how the country balances national security considerations with the protection of citizens’ personal data in the digital age.

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