Supreme Court Refuses to Stay RTI Amendment Barring Disclosure of Personal Data

The Supreme Court of India refused to stay the amendment to the Right to Information Act, 2005, introduced through the Digital Personal Data Protection Act, 2023, which bars disclosure of personal information even in the larger public interest.

A Bench led by CJI Surya Kant termed the issue “complex and sensitive,” noting it requires balancing privacy with transparency and free speech.

The Court observed that Parliament’s regime cannot be stalled without a detailed hearing and ordered the matter to be placed before a larger bench in March.

The petitions filed by The Reporters’ Collective, NCPRI and others challenges Section 44(3), which amends Section 8(1)(j) of the RTI Act, as well as provisions relating to government data access and the structure of the Data Protection Board.