India Notifies Digital Personal Data Protection Act After Two Years; RTI Act Amended for Privacy Balance
New law sets rules for handling personal data, strengthens privacy safeguards for citizens
RTI Act amended to protect sensitive information while maintaining transparency in governance
By Our Legal Reporter
New Delhi: November 14, 2025:
India has officially notified the Digital Personal Data Protection Act (DPDP Act), 2023, marking a historic step in the country’s journey toward building a comprehensive data protection framework. The Act, which was passed by Parliament earlier this year, comes after two years of debate, consultations, and revisions.
Also Read: Allahabad High Court Calls Cybercrime a ‘Silent Virus’, Denies Bail in Fake GST Transaction Case
Alongside the notification, the government has amended the Right to Information (RTI) Act, 2005, ensuring that the principles of transparency are balanced with the need to protect personal privacy.
Background
The demand for a data protection law in India gained momentum after the Supreme Court’s landmark 2017 judgment in Justice K.S. Puttaswamy vs Union of India, which recognized privacy as a fundamental right.
Following this, several committees and drafts were prepared, including the Justice B.N. Srikrishna Committee Report in 2018. After multiple revisions, the DPDP Act was passed in 2023 and has now been formally notified.
Key Features of the DPDP Act
- Consent-based data processing: Companies and government agencies must obtain clear consent before collecting or processing personal data.
- Data Fiduciaries: Entities handling personal data are termed “data fiduciaries” and must follow strict obligations.
- Rights of individuals: Citizens, called “data principals,” have rights such as access, correction, and erasure of their personal data.
- Data Protection Board: A new regulatory authority will oversee compliance, handle grievances, and impose penalties.
- Cross-border data transfer: The government will notify countries where personal data can be transferred, ensuring security.
- Penalties: Heavy fines, up to ₹250 crore, can be imposed for violations.
Also Read: Delhi High Court Slams Income Tax Department for 3-Year Delay, Orders Refund with Interest
RTI Act Amendment
- Personal information protection: Sensitive personal data of individuals will not be disclosed under RTI unless it serves a larger public interest.
- Balance of transparency and privacy: While transparency remains a cornerstone of governance, the amendment ensures that privacy rights are not compromised.
Why This Matters
Also Read: Delhi High Court Ends 38-Year-Old Will Dispute, Upholds Validity of Testamentary Document
- Strengthens privacy: Citizens gain stronger control over their personal data.
- Boosts digital economy: Clear rules will encourage businesses to adopt better data practices.
- Global alignment: India joins countries like the EU (GDPR) in having a dedicated data protection law.
- Checks misuse: The law aims to prevent misuse of personal data by corporations and state agencies.
Reactions from Stakeholders
- Legal experts have welcomed the law, noting that it fills a critical gap in India’s legal framework.
- Civil society groups have expressed concern about exemptions granted to government agencies, warning that privacy could still be compromised.
- Industry leaders believe the law will enhance trust in digital services and boost India’s IT sector.
Challenges Ahead
- Implementation: Setting up the Data Protection Board and ensuring compliance across millions of businesses will be complex.
- Government exemptions: Critics argue that broad exemptions for state agencies could weaken privacy protections.
- Awareness: Citizens need to be educated about their rights under the new law.
- RTI concerns: Activists worry that the amendment could reduce transparency in governance.
Broader Implications
Also Read: ITAT Bangalore Rules Mango Orchard Income as Agricultural, Quashes ₹1.2 Crore Tax Addition
- For citizens: Greater control over personal data and protection against misuse.
- For businesses: Need to invest in compliance, data security, and consent mechanisms.
- For governance: Balancing transparency with privacy will be a continuing challenge.
- For global relations: India’s law will influence cross-border data flows and trade negotiations.
Conclusion
Also Read: Bombay High Court Bars ‘The New Indian Express’ from Using Trademark Outside South India
The notification of the Digital Personal Data Protection Act, 2023, along with amendments to the RTI Act, marks a turning point in India’s digital governance. While the law strengthens privacy and aligns India with global standards, its success will depend on effective implementation, awareness, and a careful balance between transparency and security.
This landmark legislation is expected to reshape India’s digital ecosystem, ensuring that citizens’ rights are protected while enabling innovation and growth.
🔑 Suggested Keywords for SEO & Faster Searches
- Digital Personal Data Protection Act India
- DPDP Act 2023 notification
- RTI Act amendment privacy
- India data protection law 2023
- Personal data privacy India
- Data Protection Board India
- Consent-based data processing India
- RTI transparency vs privacy India
- Supreme Court privacy judgment India
- GDPR vs DPDP Act India
Also Read: Supreme Court: Tenants Must Pay Rent Despite Pending Appeal, No Relief Without Stay Order