Reporters Collective & RTI Forum Move Supreme Court Challenging Digital Personal Data Protection Act

Digital news platform The Reporters' Collective and journalist Nitin Sethi have approached the Supreme Court of India, assailing key provisions of the Digital Personal Data Protection Act, 2023.

The petitioners also challenge the provisions of the Digital Personal Data Protection Rules 2025 notified in November last year.

The petition contends that the DPDP Act substantially weakens the transparency framework under the Right to Information Act, 2005 by creating what it describes as a blanket exemption for disclosure of personal information.

According to the petitioners, the amendment introduced by Section 44(3) of the DPDP Act to Section 8(1)(j) of the RTI Act removes the earlier balancing test that allowed disclosure of personal information if it was related to public activity or public interest.

They argue that the new regime effectively bars disclosure of personal information altogether, regardless of whether larger public interest justifies such disclosure. This, the plea claims, undermines citizens' right to information and transparency in public administration.

The petition reportedly submits that journalists and transparency activists frequently rely on access to personal information in limited, public-interest contexts to expose wrongdoing, corruption, or conflicts of interest. By eliminating the public interest override, the amended provision allegedly tilts the balance decisively in favour of privacy at the cost of accountability.

Expansive Powers To Central Government

The petition further assails Section 36 of the DPDP Act read with Rule 23 of the DPDP Rules, which empower the Central Government to call for information from data fiduciaries and intermediaries.

It is contended that these provisions authorise unreasonable digital searches and enable the gathering and storage of personal data without adequate safeguards, thereby violating Article 21. The plea describes Section 36 as vague, overbroad and arbitrary, infringing Articles 14 and 19 as well.

The petitioners argue that to the extent individuals may not be informed about disclosure of their personal data to a government agency, the provisions also impede their freedom of speech and expression. According to the plea, these intrusions are not demonstrably justified in a free and democratic society.

Independence Of Data Protection Board Questioned

The constitutional challenge also extends to the institutional framework under the Act. The petition raises concerns about the independence of the Data Protection Board, particularly the process for appointment of its Chairperson and members, which is alleged to be susceptible to executive control.

The petitioners have sought to declare the whole of the DPDP Act, 2023 as unconstitutional, specifically Sections 5, 6, 8, 10, 17, 18, 19, 36 and 44(3), for being violative of Articles 14, 19 and 21 of the Constitution. They have also challenged Rules 3, 6, 7, 8, 9, 13, 16, 17, and 23 of the Digital Personal Data Protection Rules, 2025, to be void, inoperative and unconstitutional.

A similar petition has also been filed by the National Campaign for Peoples' Right to Information (NCPRI) challenging the amendments made to Section 8(1)(j) of the RTI Act through the Digital Personal Data Protection (DPDP) Act.

The petition of The Reporters Collective was drawn by Advocates Apar Gupta, Muhammad Ali Khan, Indumugi C and Naman Kumar, and filed through AoR Abhishek Jebaraj.

The petition of NCPRI was filed by Advocate Prashant Bhushan & Rahul Gupta.

Case : The Reporters Collective and another v. Union of India and others | W.P.(C) No. 177 / 2026

The National Campaign for Peoples' Right to Information (NCPRI) v. Union of India and others | W.P.(C) No.211/2026