Delhi High Court has asked the Central Government to clarify its stand. In which questions have been raised on the constitutional validity of several sections of the Digital Personal Data Protection Act, 2023. The court issued a notice to the Center and fixed the next hearing of the case in April. Delhi High Court said that the issues raised in the case are important. Therefore, a response from the central government is necessary.
Question on constitutional validity of DPDPA in petition
The petition filed in the Delhi High Court claims that Sections 17, 18, 19, 20, 21, 23, 29, 30, 36, 37, 39, 40 and 44 of the law give the government excessive access to the personal data of citizens and without adequate monitoring. According to the petitioner, these provisions give power to block online content without hearing, diminish the real importance of people’s consent and in many cases there remains a lack of transparency.
The petition also said that the law weakens the Right to Information system and establishes excessive executive control over the Data Protection Board and Appellate Tribunal. This may affect the independent and impartial regulatory system.
This law violates the fundamental rights of the Constitution: Petitioner
The petitioner alleges that this law gives the government the power of mass surveillance, due to which personal and behavioral data of citizens can be stored for a long time. Besides, in many situations there is also a system of obtaining personal data without consent or adequate information.
The petition says that these provisions violate the fundamental rights provided by the Constitution, right to equality, right to privacy, control over information (informational autonomy), freedom of expression and fair process. It also weakens constitutional principles like separation of powers and judicial independence.
Demand from Delhi High Court to declare some sections unconstitutional and cancel them
The petitioner has demanded from the court that the disputed sections should be declared unconstitutional and repealed or should be implemented in a limited manner as per the Constitution so that the privacy and rights of the citizens can be properly protected. Now the next hearing of this case will be in April.
