Supreme Court
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Moneycontrol17-02-2026, 22:01

DPDP Act Faces Constitution Bench: Privacy, Public Interest, and RTI Clash

  • Supreme Court refers challenges to DPDP Act, 2023, and Rules, 2025, to a five-judge Constitution Bench, but denies interim stay.
  • Petitions by NCPRI, Venkatesh Nayak, and The Reporters’ Collective argue Section 44(3) of DPDP Act eliminates public interest balancing in RTI.
  • Journalists fear the Act's 'data fiduciary' obligations and high penalties will hinder investigative reporting and source protection.
  • Concerns raised over Section 36 allowing government access to data without safeguards and the Data Protection Board's lack of independence.
  • The case will balance Article 19(1)(a) transparency with Article 21 privacy, scrutinizing the Act's constitutionality.

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