Imagine filing a Right to Information application to find out whether a government contractor's relative was irregularly awarded a tender, or whether a public official's assets grew suspiciously during their term. Under the old rule, an authority had to weigh your right to know against the official's privacy before refusing. Under the amended law, the authority can now simply say the information is "personal" and close the file — no balancing, no public-interest test. That single change, tucked into India's new data protection statute, is at the heart of a constitutional challenge that has quietly been building since the law was passed in 2023.
Why the Digital Personal Data Protection Act, 2023 Is Being Challenged as Unconstitutional
Petitions pending before the Supreme Court argue that India's first standalone data protection law weakens the right to information and hands the executive unchecked control over an independent regulator, reopening the constitutional debate that began with the right to privacy judgment.
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संदर्भ स्रोत: Constitutionality of the Digital Personal Data Protection Act, 2023 - …