Calcutta High Court Seeks Centre’s View on Data Protection Bill
- ByAdmin --
- 29 May 2025 --
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The Calcutta High Court has recently asked the Central Government to respond to a petition challenging certain provisions of the Digital Personal Data Protection Bill, 2023. The petitioners contend that some clauses in the Bill may infringe upon fundamental rights, particularly the right to privacy.
Background of the Petition
The petitioners claim that specific provisions of the Bill violate the right to privacy guaranteed under Article 21 of the Indian Constitution, which protects the right to life and personal liberty. They argue that the Bill grants the government broad powers to access personal data without adequate safeguards or judicial oversight. According to the petitioners, this could lead to unwarranted surveillance, misuse of data, and breaches of individual freedoms.
In light of these concerns, the Calcutta High Court has issued a notice to the Central Government, requesting a detailed response to address these issues. The court emphasized the importance of balancing data protection objectives with protecting citizens' constitutional rights.
Key Provisions Under Scrutiny
The provisions attracting scrutiny include:
- Government Access to Data: Clauses allowing the government to access personal data with limited or no prior judicial approval, raising concerns about privacy violations.
- Data Fiduciary Obligations: Strict duties imposed on data fiduciaries (entities that collect and process data), which some believe could hinder innovation and place heavy compliance burdens on businesses.
- Data Localization Requirements: Mandates that require storing certain data within Indian territory, which may affect cross-border data flows and international trade relations.
The petitioners argue that these provisions lack sufficient checks and balances to prevent misuse and do not adequately protect citizens' privacy rights.
Legal and Constitutional Context
The petitioners rely on constitutional principles, particularly the right to privacy as part of the fundamental right to life and personal liberty under Article 21 of the Constitution of India. This right was affirmed as fundamental by the Supreme Court in a landmark ruling.
Any law that affects this right must meet the test of proportionality and necessity — meaning restrictions must be reasonable, serve a legitimate purpose, and be the least restrictive means available.
Additionally, the petitioners emphasize the need for clear safeguards in the Bill to protect data subjects, including explicit consent mechanisms, data minimization principles, and rights to correction and erasure of data. These align with global standards such as those found in the General Data Protection Regulation (GDPR).
Importance of the Court’s Direction
By seeking the Centre’s view, the Calcutta High Court highlights the judiciary’s vital role in reviewing laws that impact fundamental rights. The government’s response will determine whether the Digital Personal Data Protection Bill adequately protects privacy and complies with constitutional mandates.
This case also reflects the increasing importance of data privacy within India’s legal system, mirroring a global shift toward stronger data protection laws in the digital age.
Conclusion
The Calcutta High Court’s request for the Central Government’s response underscores the ongoing effort to strike a balance between safeguarding personal data and enabling governance and innovation. The eventual outcome may influence amendments to the Bill or set important precedents for the protection of digital privacy in India. Upholding constitutional rights while regulating data in a rapidly evolving technological landscape remains a complex but essential task for the Indian legal system.
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