Reporters Collective & RTI Forum Challenge Data Protection Act in Supreme Court

In a significant move that could redefine the balance between privacy and transparency in India, the digital news platform The Reporters' Collective and the RTI Forum have jointly filed a writ petition in the Supreme Court of India. The petition challenges several key provisions of the Digital Personal Data Protection Act (DPDP Act), 2023, and the Digital Personal Data Protection Rules, 2025, which were notified in November last year. The core of their challenge lies in the assertion that the DPDP Act substantially undermines the transparency framework established by the Right to Information (RTI) Act, 2005. The petitioners argue that Section 44(3) of the DPDP Act, which amends Section 8(1)(j) of the RTI Act, introduces a blanket exemption for the disclosure of personal information. Previously, the RTI Act allowed for the disclosure of personal information if it was related to public activity or public interest. However, the amendment, according to the petitioners, removes this crucial balancing test. This change, they contend, effectively bars the disclosure of personal information altogether, irrespective of whether a larger public interest justifies such disclosure. This, in turn, is argued to significantly undermine citizens' right to information and the broader principle of transparency in public administration. Journalists and transparency activists, the petition highlights, frequently rely on accessing personal information in specific, public-interest contexts to expose wrongdoing, corruption, or conflicts of interest. By eliminating the public interest override, the DPDP Act allegedly shifts the balance decisively in favor of privacy at the expense of accountability. This curtailment of information access could shield opacity and hinder investigative journalism, which has historically played a vital role in uncovering issues such as electoral bonds and dealings of powerful corporations. Furthermore, the petition targets Section 36 of the DPDP Act read with Rule 23 of the DPDP Rules. These provisions empower the Central Government to request information from data fiduciaries and intermediaries. The petitioners contend that these powers are excessively broad, authorizing unreasonable digital searches and enabling the gathering and storage of personal data without adequate safeguards. They argue that such provisions are vague, overbroad, arbitrary, and violate fundamental rights guaranteed under Articles 14, 19, and 21 of the Indian Constitution, including the right to privacy and protection against arbitrary searches. The petition further questions the independence of the Data Protection Board, citing concerns about the appointment process of its Chairperson and members, which is alleged to be susceptible to executive control. Separately, the National Campaign for Peoples' Right to Information (NCPRI) has also filed a similar petition, focusing on the amendments to the RTI Act. The Digital Personal Data Protection Act, 2023, enacted on August 11, 2023, is India's first comprehensive digital privacy law, aiming to balance the protection of personal data with the need for lawful processing. However, its implementation and specific rules, notified in November 2025, have now come under judicial scrutiny due to concerns about its impact on transparency and accountability mechanisms. The Reporters' Collective, known for its in-depth investigative journalism on political economy and governance, has previously faced challenges, including the cancellation of its non-profit status by tax authorities who claimed journalism did not serve a public purpose. The RTI Forum of India is a national platform advocating for transparency and participatory governance through the Right to Information Act.

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