Privacy and the Press

The new Digital Data Protection regime could have chilling consequences for Press freedom, says Srinivas Madhav.

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The Digital Personal Data Protection Act, 2023 (DPDP Act), is a significant step toward safeguarding the fundamental right to privacy, as recognized by the nine-judge Constitution Bench of the Supreme Court of India in the Justice K.S. Puttaswamy judgment (2017). The law, expected to come into force soon, also introduces a progressive change in legislative drafting by using gender-inclusive language.

For example, Section 7 states that a Data Fiduciary may process personal data of a Data Principal for a specified purpose if'she' has voluntarily provided 'her' data and has not indicated non-consent.

Section 2(y) clarifies that the term 'she' applies to any individual, irrespective of gender.

This thoughtful change marks a milestone in inclusivity in India, as the United Nations claims using gender-inclusive language is a powerful way to promote gender equality and eradicate gender bias. While there are positive aspects, there are concerns as well:

The DPDP Act proposes an amendment to the RTI Act. Currently, S. 8(1)(j) of the RTI Act states that personal information can be disclosed if it serves a public interest or if it cannot be denied to Parliament or a State Legislature. However, Section 44(3) of the DPDP Act replaces this provision with a broader exemption for any "information which relates to personal information."