Delhi High Court Challenges Surveillance Powers Under 2023 Data Act

The Delhi High Court has requested the government's stance on a petition challenging the Digital Personal Data Protection Act, 2023, arguing it enables excessive executive control and surveillance, undermining judicial independence and human rights. The Act allegedly violates constitutional principles and lacks a protective privacy framework.

The Delhi High Court has taken a significant step by seeking clarification from the Central government on a petition against certain sections of the Digital Personal Data Protection Act, 2023. Filed by Chandresh Jain, the petition raises concerns about the potential for government surveillance and excessive executive control, posing threats to judicial independence and constitutional freedoms.

A bench led by Chief Justice D K Upadhyaya and Justice Tejas Karia has issued a notice to the Centre, scheduling a hearing in April. The petitioner argues that the Act's provisions, including sections 17 to 44, enable unbridled data access, with insufficient consent mechanisms, opaque governance structures, and a dilution of the Right to Information Act, moving the pendulum away from transparency.

The petition criticizes the Act's framework, claiming it falls short of protecting citizens' privacy rights. It urges the judiciary to strike down, amend, or sever the problematic provisions to align with constitutional guarantees. The Act is said to infringe upon privacy, equality, and free expression, pivotal rights within a democratic society.

(With inputs from agencies.)