Politics

RSF flags India’s Data Protection law over information access concerns

Petitions in the Supreme Court of India challenge impact on RTI

By | Apr 21, 2026 | New Delhi

RSF flags India’s Data Protection law over information access concerns

RSF has raised concerns that India’s new data protection framework could restrict access to information

Reporters Without Borders (RSF), a Paris-based press freedom organisation, has raised concerns that India’s new data protection framework could restrict access to information, following the implementation of the Digital Personal Data Protection Act and its accompanying rules notified in November 2025.
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International non-profit organisation advocating for press freedom, Reporters Without Borders (RSF), and several Indian media organisations have formally raised concerns that the Digital Personal Data Protection Act (DPDP Act) 2023 and its associated Rules notified on November 14, 2025, could severely restrict press freedom and access to information in India.

In a press statement, RSF says that the new legal framework limits the disclosure and processing of personal data without providing exemptions for public interest, diverging from the provisions of the Right to Information Act, which allows access to certain personal information when justified by larger public interest.

The statement adds that the rules affect access to administrative records, public archives and information related to public officials. It has called on the government to ensure that data protection measures do not restrict access to information.

Also Read: RSF flags OpIndia for targetted online harassment of journalists

RSF says that The Reporters’ Collective alongside several civil society organisations, journalists and transparency advocates, have filed petitions with the Indian Supreme Court to challenge these provisions. These petitions are of the utmost  importance for Indian democracy as the case will determine whether and how the right to privacy can be invoked to restrict press freedom and citizens’ right to information.

According to the statement, the first hearing took place on March 23, and the next is scheduled for May 13.

“The protection of personal information must not become a pretext for shielding government actions from scrutiny by journalists. RSF calls on the Indian government to amend the rules concerning the implementation of the DPDP Act to ensure they are compatible with press freedom and the right to information. Processing personal data for public interest purposes must be explicitly exempted from the restrictions and penalties applicable to other uses of such information. Without these safeguards, the law risks not only further weakening the press but depriving Indian citizens of their fundamental right to information,” says Célia Mercier, Head of RSF’s South Asia desk.