oppn parties Privacy Must Not Become a Shield for Power

News Snippets

  • Digital News Publishers Association, a group of 21 of India's leading news media organisations, is likely to challenge the constitutional validity of the Digital Personal Data Protection Act and rules as it feels they infringe of the right to freedom of speech and expression and threatens to curb journalistic activity
  • A special MP-MLA court in Sultanpur acuitted Rahul Gandhi in the 2018 defamation case over rally remark on Amit Shah for lack of evidence
  • Cyclone Arnab intensified over the Bay of Bengal on Monday, prompting Andhra Pradesh and Odisha to accelerate preparations for its expected landfall on October 28. Andhra Pradesh identified approximately 570,000 people as vulnerable, began evacuation preparations and ordered schools in affected districts to close from October 27 to 31, while Odisha mobilised disaster-response teams and prepared shelters in vulnerable areas
  • The Supreme Court assured voters whose names were deleted during the Special Intensive Revision of electoral rolls that they would not face prosecution for reapplying to register through Form 6. The court sought the Election Commission’s response to concerns that previously registered voters had no dedicated form for seeking restoration of their names, and scheduled the next hearing for November 5
  • The Election Commission told the Supreme Court that decisions concerning the Special Intensive Revision of electoral rolls had been taken unanimously and opposed a plea seeking to restrain Chief Election Commissioner Gyanesh Kumar from functioning. In its counter-affidavit, the Commission also defended its decision-making process and argued that the challenge to the CEC’s functioning was legally unsustainable
  • The Supreme Court granted two rival factions of the Trinamool Congress 20 additional days to complete their submissions before the Election Commission in the dispute over the party’s name and election symbol. The factions led by Mamata Banerjee and Ritabrata Banerjee will have successive 10-day periods to submit their pleadings and supporting documents
  • Gujarat declared Kutch, Devbhumi Dwarka, Jamnagar and Porbandar drought-affected after uneven monsoon rainfall, despite the state receiving approximately 89% of its normal rainfall overall. Chief Minister Bhupendra Patel announced crop-loss assistance of ₹8,500 per hectare, capped at two hectares per farmer, along with livestock support and up to 150 days of rural employment in affected areas
  • Tata Communications announced plans to invest $400–450 million over three to five years in approximately 10,000 kilometres of fibre infrastructure connecting India’s major data centres and artificial-intelligence hubs
  • Students at Jamia Millia Islamia continued their protest on Monday after the university announced that students’ union elections would be held within 15 days of approval of the union constitution. Protesters demanded a clear election timetable and the appointment of a chief election officer, while the university revoked some disciplinary notices
  • Delhi Police arrested seven people after an investigation into an undelivered online clothing order allegedly uncovered a cyber-fraud network that routed transactions worth more than ₹30 crore through multiple bank accounts. The case began with a complaint over a ₹799 kurti that had not been delivered, according to police reporting
  • The rupee weakened for a third consecutive trading session on Monday, falling approximately 0.3% to ₹95.185 against the US dollar. Higher crude-oil prices, increased dollar purchases by importers and foreign investor outflows added pressure to the currency ahead of the US Federal Reserve’s policy decision
  • Indian equity markets recovered on Monday, ending a four-session losing streak as stronger corporate earnings encouraged buying across several sectors. The Sensex gained 482.92 points, or 0.66%, to close at 73,606.75, while the Nifty 50 advanced 153.20 points, or 0.68%, to 22,753.20
  • Indian batter Devdutt Padikkal scored 199 against New Zealand A in the first unofficial Test at Lincoln, missing a double century by one run. India A reached 488 for eight in its second innings by the end of the third day, establishing an overall lead of 284 runs with two days remaining
  • India’s Under-15 football team defeated Bahrain 4–3 at the FIFA U-15 World Cup and Festival in Azerbaijan, maintaining its position at the top of Group K after four matches. R Lalremruatfela scored twice, while Macdonnish Ngairangbam and Nibas Meetei Wahengbam also found the net
  • The latest round of Ranji Trophy matches began on Monday with Madhya Pradesh spinner Saransh Jain taking seven wickets as Bihar were dismissed for 99, while Delhi reached 309 for five against Jharkhand after captain Ayush Badoni scored an unbeaten 106. Mumbai also made a strong start against Haryana, reaching 290 for three after centuries from Angkrish Raghuvanshi and Musheer Khan. Bengal were in trouble at 172 for 6 against Kerala
Election Commission tells Supreme Court that the June 2025 SIR decision taken 'unanimously'
oppn parties
Privacy Must Not Become a Shield for Power

By Our Editorial Team
First publised on 2026-10-27 08:00:22

About the Author

Sunil Garodia The India Commentary view

Privacy is a fundamental right. But so is freedom of expression, and the right to information is an essential instrument of democratic accountability. India's data-protection framework must protect all three. The Digital Personal Data Protection Act, 2023, raises serious questions about whether the balance has been maintained.

The most immediate concern is the amendment to Section 8(1)(j) of the Right to Information Act through Section 44(3) of the DPDP Act. The earlier provision allowed personal information to be disclosed in appropriate cases where the public interest justified it, subject to statutory safeguards. The amended provision removes that express balancing mechanism. Information does not cease to be relevant to public accountability merely because it contains personal details.

Consider a public official's qualifications, the allocation of government benefits or records relating to public expenditure. Such information may contain personal data, but withholding it automatically could frustrate legitimate scrutiny. Privacy must not become a blanket justification for concealing information about the exercise of public power.

The concern extends beyond the RTI framework. Investigative journalism often depends on confidential sources who expose suspected corruption, malpractice and abuse of office. If the law does not adequately protect legitimate journalistic activity and confidential sources, potential whistleblowers may choose silence over the risk of exposure. The resulting loss would be borne not merely by news organisations but by citizens denied information they need to hold institutions accountable.

None of this justifies unrestricted access to personal information. Journalists, too, must respect privacy, and commercial media organisations should not receive a blanket exemption from data-protection obligations. The distinction is between gratuitous intrusion into private life and the responsible use of personal information to establish matters of genuine public interest.

The Supreme Court must examine whether the framework meets constitutional requirements of proportionality and provides adequate safeguards for both transparency and legitimate investigations. Parliament, in turn, should consider a narrowly defined journalistic exemption with appropriate safeguards against abuse, alongside meaningful protection for confidential sources.

A democratic government has a legitimate interest in protecting citizens' personal data. It also has an obligation to remain answerable to them. These objectives are not incompatible. The law must ensure that protecting privacy does not come at the cost of accountability.

A data-protection law should protect the citizen's private life, not the public authority's private dealings.