New Delhi, March 12: The Supreme Court has assured a prompt hearing on various petitions challenging the Data Protection Act 2025. During the proceedings, Chief Justice Suryakant emphasized the significance of this issue, stating that data security has become a global concern, with serious apprehensions raised worldwide.
The Chief Justice remarked that data is rapidly evolving into a new form of currency. He noted that the issue of data security is not confined to India alone but is a matter of global concern. He also pointed out that a substantial amount of the country’s data is being transferred abroad, which necessitates serious consideration.
Senior lawyer Indira Jaising, representing the petitioners, highlighted the lack of a clear definition for ‘personal and private data’ in the new law. She argued that under the previous Information Technology Act of 2000, individuals had the right to seek compensation for data privacy violations. However, the new law alters this provision, directing compensation to be awarded to the state or the Data Protection Board instead of directly to the affected individuals. She raised concerns about the absence of judicial oversight for this board, which raises questions about accountability.
In response, Chief Justice Suryakant stated that any tribunal or board established must function as a quasi-judicial body and be subject to judicial review. During the hearing, Jaising also stressed the need to consider several critical aspects, including the exemptions granted to the government, potential access to data by the government (which raises surveillance concerns), the impact on the right to information due to restrictions on journalists, and issues surrounding data sovereignty.
She urged the court to examine whether the country’s data is being sent abroad and how it is being safeguarded. Additionally, the role of the Data Protection Board and the compensation mechanisms for data privacy violations also require judicial scrutiny.
Given the seriousness of the matter, the Supreme Court acknowledged that it is a significant constitutional and technical issue that will be prioritized for hearing.
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