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Supreme Court to Hear DNPA Challenge to DPDP Act

By Drooid · Oct 28, 2026, 04:01 UTC · How we work

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Summary

Supreme Court issued notice to Union on DNPA’s challenge to the DPDP Act and set a hearing for November 17.
Petition seeks to strike down nine provisions, three rules, including the Section 44(3) RTI amendment.
DNPA says the law lacks a journalistic exemption, forcing consent for personal data and risking pre-censorship.
Senior advocate Madhavi Divan warned consent rules could shut newsrooms.

Summary

MeitY notified the DPDP Rules, 2025 on November 13, 2025, initiating an 18-month rollout.
Violations of the DPDP Act may incur fines up to Rs 250 crore per breach.
A panel led by former judge BN Srikrishna drafted the original data-protection framework.
Section 7 permits processing only when the data principal voluntarily provides data and does not object.
The Supreme Court emphasized a proportionate balance between privacy and journalistic freedom.

History

The EU adopted the GDPR in April 2016, which became enforceable on 25 May 2018 and soon imposed fines up to €20 million or 4 % of global turnover. Its “Brussels effect” spurred similar privacy regimes worldwide, prompting India’s Supreme Court to review the DPDP Act, where advocates Madhavi Divan and former judge B.N. Srikrishna warn it could mirror EU-style penalties for media.

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Historical Context

The EU adopted the GDPR in April 2016, which became enforceable on 25 May 2018 and soon imposed fines up to €20 million or 4 % of global turnover. Its “Brussels effect” spurred similar privacy regimes worldwide, prompting India’s Supreme Court to review the DPDP Act, where advocates Madhavi Divan and former judge B.N. Srikrishna warn it could mirror EU-style penalties for media.

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