The Supreme Court on Monday (February 16, 2026) agreed to refer to a Constitution Bench a series of petitions arguing that India’s new digital personal data law delivers a “body blow” to citizens’ right to a transparent and accountable government under the Right to Information (RTI) Act.
Section 44(3) of the Digital Personal Data Protection (DPDP) Act of 2023 imposes a “blanket ban” on the RTI Act applicants, preventing them from seeking disclosure of ‘personal information’, the petitioners said. They submitted that the provision cynically uses the right to privacy to cripple the citizens’ right to information.
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Chief Justice of India Surya Kant, heading a three-judge Bench, refused a plea to pass an interim order to stay the implementation of Section 44(3), though the top judge said that the petitions raised a “complex, slightly sensitive and really interesting” question of law.
“We may have to lay down what is meant by ‘personal information’,” Chief Justice Kant remarked, issuing notice to the government.
