The Supreme Court on Thursday issued notice to the Union government on a petition challenging the constitutional validity of several provisions of the Digital Personal Data Protection Act, 2023. The Court agreed to examine the plea and sought the Centre’s response, while linking the matter with another pending petition raising similar issues.
A bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and Vipul M. Pancholi passed the order after hearing the petitioner and directed the Centre to file its reply.
“Issue notice, returnable on March 23,” the bench said while tagging the matter with another case already pending before the Court concerning the same legislation.
The petition questions the constitutional validity of certain provisions of the Digital Personal Data Protection Act, 2023, arguing that they raise serious concerns regarding privacy, data access and the scope of governmental powers under the law.
In addition to the constitutional challenge, the plea seeks a direction to the Union government to introduce and notify a specific and proportionate exemption under the Act and the Digital Personal Data Protection Rules, 2025.
The requested exemption relates to the processing of personal data for journalistic, editorial, investigative and public interest reporting purposes, including safeguards to protect journalistic sources.
Earlier on February 16, the Supreme Court had agreed to examine a batch of petitions challenging multiple provisions of the same legislation. However, the Court declined to grant an interim stay on the operation of the law.
At the time, the bench observed that it would not suspend the statutory framework introduced by Parliament through an interim order before fully hearing the matter.
The Court had stated that “by an interim order, it will not thwart a regime introduced by Parliament unless we hear the case.”
Among the provisions under challenge are those relating to “data fiduciaries.” Petitioners have raised concerns that the Act allows the Central government to requisition data from any data fiduciary at its discretion, which they argue could have implications for privacy and data protection.
With the notice now issued, the Centre is expected to place its response before the Court ahead of the next hearing scheduled for March 23. The matter will be considered along with the other pending petitions challenging the same law.
