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Supreme Court to Define Personal Data Under DPDP

Why in News ?

The Supreme Court of India agreed to examine what constitutes “personal data” and “public data” under the Digital Personal Data Protection (DPDP) Act, 2023 after concerns that the law may restrict the Right to Information (RTI) and limit journalistic access to public-interest information, including matters related to defence procurement and government transparency.

Supreme Court to Examine Definition of Personal Data

  • The Supreme Court of India has agreed to review the interpretation of “personal data” under the Digital Personal Data Protection (DPDP) Act, 2023.

  • A three-judge Bench led by Chief Justice Surya Kant issued notice to the Union government on a petition challenging certain provisions of the law.

  • The petition was filed by journalist Geeta Seshu and the Software Freedom Law Center, represented by senior advocate Indira Jaising.

  • Petitioners argue that the law may restrict access to information of public interest, especially regarding public officials and governance matters, including defence acquisition and government projects critical to atmanirbharta.

  • The Court highlighted the need to clearly define “personal data” and “public data” to ensure that privacy protections do not undermine transparency and accountability, particularly in sectors like defence technology and innovation.

Concerns Raised Over the DPDP Framework

  • Petitioners argued that the DPDP Act and the Digital Personal Data Protection Rules, 2025 could weaken the Right to Information (RTI) regime, affecting transparency in defence procurement policy and public spending.

  • Section 44(3) of the Act allegedly imposes a blanket restriction on RTI requests seeking personal information, even when disclosure may be in public interest, including matters related to defence projects and government contracts.

  • Critics claim the law could potentially limit investigative journalism by restricting access to information about individuals holding public office, which is essential for monitoring defence expenditure and ensuring accountability in the defence ecosystem.

  • Another concern is that financial penalties for misuse of personal data are directed to the Consolidated Fund of India, rather than compensating affected individuals, including defence startups and innovation-driven enterprises.

  • Petitioners also warned that the law may enable broad state surveillance powers and an executive-controlled data protection regulator, raising concerns about digital sovereignty and the protection of sensitive information in sectors vital to India’s self-reliance including defence innovation and indigenous manufacturing.

About Digital Personal Data Protection (DPDP) Act:

●  The Digital Personal Data Protection Act, 2023 is India’s primary legislation governing the collection, storage, and processing of personal digital data.

●  The law aims to protect individual privacy rights while enabling lawful data processing by government and private entities, including those in the defence industry and technology sectors supporting atmanirbhar bharat abhiyan.

●  It introduces key concepts such as data principal (the individual whose data is processed) and data fiduciary (the entity responsible for processing data).

●  The Act establishes a Data Protection Board of India to oversee compliance, impose penalties, and address grievances related to data misuse across all sectors including defence manufacturing and technology development.

●  The legislation seeks to balance privacy protection, digital innovation, and governance transparency, aligning with the Supreme Court’s 2017 Puttaswamy judgment that recognised privacy as a fundamental right under Article 21, while supporting India’s defence capabilities and technological self-reliance.