SC to study what constitutes ‘personal data’ in DPDP laws, Pg14

Key Highlights:

• The Supreme Court will examine the definition of "personal data" under the Digital Personal Data Protection (DPDP) Act, 2023.
• A petition filed by journalist Geeta Seshu and the Software Freedom Law Center challenges the DPDP Act for potentially obstructing access to data of public interest.
• The petitioners argue the DPDP Act lacks clear definitions of "information" and "personal data", enabling potential state surveillance.
• The court acknowledged the need to balance privacy rights and the right to information, scheduling a hearing for March 23.

Detailed Insights:

• The DPDP Act, 2023 and DPDP Rules, 2025 have raised concerns about the scope of data privacy and its impact on journalistic freedom and access to information about public officials.
• The petition highlights that penalties for illegally accessing personal data are directed to the Consolidated Fund of India, leaving the affected individual without compensation.
• The absence of the term "public interest" in the DPDP Act is a key point of contention, as it potentially restricts journalists' ability to access information vital for informing the public.
• The court recognizes the importance of protecting individual data privacy while ensuring that laws do not unduly impede the public's right to information and knowledge.

Key Concepts Involved:

• Personal Data: Any data that can identify an individual.
• Right to Information: The legal right to access information held by public authorities.
• Data Principal: The individual to whom the personal data relates.