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

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Moneycontrol•17-02-2026, 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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