Supreme Court reviews RTI Act amendments via DPDP Act

The Supreme Court of India has issued a notice seeking a response from the central government regarding petitions that challenge amendments to the Right to Information (RTI) Act. These changes were introduced through the Digital Personal Data Protection (DPDP) Act, 2023.

Petitioners argue that the amendments dilute public transparency by removing safeguards that previously allowed for the disclosure of certain personal information in the larger public interest. Specifically, the amendments alter exemptions regarding the personal data of government employees and officials. The legal debate focuses on finding a constitutional balance between the right to privacy, recognized as a fundamental right, and the right to information, which is linked to freedom of speech and expression.

Concurrently, the implementation of the DPDP Act is shifting India toward a strict statutory fiduciary regime. Enterprises processing digital personal data must now establish rigorous governance controls, with non-compliance potentially resulting in financial penalties of up to ₹250 crore per instance, adjudicated by the Data Protection Board of India.