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Indian Masterminds: Haryana: Sunday, 8th
November 2026.
Haryana Chief Secretary
Anurag Rastogi has directed officials to dispose of RTI first appeals within
the prescribed timeframe and ensure that orders clearly explain the reasons
behind their decisions.
The Haryana government has
directed departments and public authorities to ensure timely disposal of first
appeals filed under the Right to Information (RTI) Act, 2005, while requiring
appellate authorities to issue clear and reasoned decisions.
Chief Secretary Anurag Rastogi, a
1990-batch IAS
officer of the Haryana cadre, has instructed all concerned officials to
comply with the statutory timelines for deciding first appeals. He has also
emphasised that State Public Information Officers (SPIOs) must provide
information that can legally be disclosed under the Act without unnecessary
delay.
The directions follow
concerns raised by the Haryana State Information Commission over delays in
deciding first appeals and the issuance of orders without adequate reasoning.
Chief Secretary Emphasises
Timely Disposal and Speaking Orders
In a communication issued
by the Chief Secretary, officials have been reminded of their obligations under
Section 19(6) of the RTI Act.
The provision requires
first appellate authorities to decide appeals within the prescribed period.
While issuing orders, authorities must also consider the key points and grounds
raised by the appellants.
The government has
specifically directed appellate authorities to:
- Dispose of first
appeals within the statutory timeframe.
- Examine the principal
grounds and submissions raised by appellants.
- Record clear and
logical reasons while passing orders.
- Ensure that decisions
adequately explain the basis for accepting or rejecting an appeal.
- Direct SPIOs to
provide legally disclosable information without unnecessary delay.
These instructions are
intended to ensure that first appeals are decided in accordance with the
provisions of the RTI Act.
Haryana State Information
Commission Flags Delays
The latest directions came
after the Haryana State Information Commission expressed concern over delays in
the disposal of first appeals by various departments and public authorities.
The Commission also
pointed to instances of orders being passed without sufficient reasons.
It subsequently requested
administrative departments, heads of departments and other authorities to issue
appropriate instructions to ensure compliance with the RTI framework.
Following this, the state
government issued directions to the concerned officials, reiterating the need
for timely decisions and reasoned orders.
Pending RTI Cases Also
Came Under Discussion
The issue of pending cases
before the Haryana State Information Commission had also come up during a
recent press conference.
Journalists had asked the
Commission about the number of pending cases. Chief Information Commissioner
TVSN Prasad had said that the information would be provided later.
The latest government
communication focuses on improving compliance with the existing provisions
governing first appeals, particularly the timelines for disposal and the
requirement to provide reasons in appellate decisions.
Times of India: Article: Sunday, 8th November
2026.
India's new data
protection framework was introduced with a clear objective: to give citizens
greater control over their personal information and make organisations
accountable for how they collect, store and use it. But as the government moves
towards implementing the law, a growing debate has emerged over whether
safeguards designed to protect individual privacy could also affect
investigative journalism, access to public records and government
accountability.
The Digital Personal Data
Protection (DPDP) Act, 2023, is facing a legal challenge from the Digital News
Publishers Association (DNPA), which represents 21 news organisations. The
association has approached the Supreme Court, arguing that several provisions
of the law and its accompanying rules could restrict journalistic activities,
compromise confidential sources and undermine the Right to Information (RTI)
framework.
The Supreme Court issued
notice to the Centre on October 27 and listed the matter for further hearing on
November 17. The government, meanwhile, has indicated that it is open to
amending the rules or even the law itself if necessary to address concerns over
press freedom.
The challenge has brought
an important question into focus: Where should the line be drawn between an
individual's right to privacy and the public's right to know? While one view
holds that constitutional protections and judicial scrutiny can address competing
interests, another argues that journalism needs explicit statutory safeguards.
What is the DPDP Act and
why was it introduced?
Parliament passed the
Digital Personal Data Protection Act in August 2023, establishing a legal
framework to regulate the processing of digital personal information.
The legislation came
against the backdrop of India's rapidly expanding digital economy, where
personal information has become central to everyday activities. Banking
transactions, online shopping, digital payments, social media accounts,
healthcare services and government welfare schemes all involve the collection
and processing of personal data.
While this has made
services more accessible, it has also increased the risks of data breaches,
identity theft, unauthorised sharing and misuse of personal information.
The need for a
comprehensive data protection framework gained importance after the Supreme
Court, in its landmark 2017 Puttaswamy judgment, recognised privacy as a
fundamental right under the Constitution.
The DPDP Act seeks to
establish obligations for organisations handling personal data and provide
individuals with rights over how their information is processed.
The ministry of
electronics and information technology (MeitY) notified the Digital Personal
Data Protection Rules, 2025, on November 14, 2025, following consultations with
stakeholders.
According to a Press
Information Bureau (PIB) backgrounder published on November 17, 2025, the
government received 6,915 inputs during the consultation process. These
included suggestions from startups, micro, small and medium enterprises,
industry bodies, civil society organisations, government departments and
citizens.
The government described
the framework as citizen-centric, with an emphasis on consent, transparency,
accountability and responsible use of digital personal information.
What does the law provide?
The Act revolves around
two key categories: Data Fiduciaries and Data Principals.
A Data Fiduciary is an
organisation or individual that determines the purpose and means of processing
personal data. This could include a bank collecting customer details, an
e-commerce platform storing purchase histories or a company maintaining employee
records.
A Data Principal is the
individual to whom the personal information belongs.
The legislation requires
Data Fiduciaries to obtain consent before processing personal data, except in
specified circumstances where processing is permitted under the law. Such
consent must be free, specific, informed, unconditional and unambiguous.
Individuals must also be
informed about the purpose for which their information is being collected and
how it will be used.
The Act provides Data
Principals with several rights, including the right to access information about
the processing of their personal data, seek correction and erasure, withdraw
consent and raise grievances. They can also nominate another person to exercise
their rights in certain circumstances.
Organisations are required
to implement reasonable security safeguards to protect personal information. In
case of a data breach, they must notify the Data Protection Board of India and
affected individuals in accordance with the prescribed framework.
The legislation also
provides additional safeguards for children's data. Organisations are generally
required to obtain verifiable parental consent before processing the personal
data of children below 18 years. The law also restricts tracking, behavioural
monitoring and targeted advertising directed at children, subject to specified
exemptions.
The framework provides for
the Data Protection Board of India, which is responsible for examining
complaints, conducting inquiries and determining penalties for non-compliance.
The financial consequences
can be significant. Under the Act, failure to take reasonable security
safeguards to prevent a personal data breach can attract a penalty of up to Rs
250 crore. Violations relating to breach notifications and obligations concerning
children's data can attract penalties of up to Rs 200 crore.
Why are news publishers
challenging the law?
The most prominent concern
raised by the DNPA is the absence of a specific exemption for journalistic
activities.
The association argues
that the law does not adequately distinguish between the commercial processing
of personal information and its use for reporting matters of public interest.
Journalists frequently
rely on personal information while investigating allegations involving public
officials, companies, financial transactions and government decisions. Such
investigations may require access to records and information without informing
the person concerned in advance.
For instance, a journalist
investigating alleged irregularities in the assets of a public official may
need to examine financial records, property details and business associations.
Seeking consent from the individual before collecting or using such information
could alert the subject to the investigation and potentially compromise the
reporting process.
Similarly, time-sensitive
reporting and live television coverage often involve the use of information
about individuals without obtaining prior permission.
The DNPA has argued that
the notice, consent and data-erasure requirements under the DPDP framework
could make such activities difficult.
In its petition, the
association has challenged Sections 7, 17(2), 18, 19, 27, 29, 36, 37 and 44(3)
of the Act, along with Rules 16, 17 and 23 of the DPDP Rules.
It has argued that the
provisions fail to recognise journalistic activity as a distinct category
deserving protection under the Constitution and could affect journalists,
ground reporters, whistleblowers, citizen journalists and RTI activists.
The association has also
raised concerns over the possibility of individuals withdrawing consent and
seeking erasure of their personal information. It fears that this could be used
to pressure news organisations into removing reports or altering digital archives,
even when the information is relevant to public interest.
The challenge is not about
denying individuals the right to privacy. Rather, it concerns whether the law
provides sufficient safeguards for reporting that requires the collection and
publication of personal information in the public interest.
What do legal experts say
about press freedom?
The debate has produced
differing assessments of whether journalism needs a separate exemption under
the legislation.
Advocate Adhitya
Srinivasan believes the constitutional protection enjoyed by the press and the
nature of the legislation could allow competing interests to be resolved
through judicial scrutiny.
"Freedom of press is
so well-entrenched in our Constitution, so I really don't think that the DPDP
Act is going to materially impair investigative journalism," Srinivasan
said.
He argued that Parliament
had deliberately chosen a framework that articulates core principles without
becoming overly prescriptive, leaving courts to undertake a balancing exercise
when competing rights come into conflict.
"This is hardly
unusual, and far from being problematic, it is just a deliberate choice that
Parliament has made," he said.
Srinivasan also pointed
out that the legislation was not necessarily intended to restrict reporting. In
his assessment, its objective could instead be to discourage practices such as
doxxing and voyeurism.
On the question of whether
journalism requires an explicit exemption, he said: "I don't think
journalism needs an explicit exemption under the DPDP Act, but I suppose it
wouldn't hurt."
Advocate Mayank Arora,
however, takes a more cautionary view, arguing that the absence of an express
exemption could create significant difficulties for public-interest reporting.
"I think yes, there
is a strong likelihood that The Digital Personal Data Protection Act, 2023,
could affect investigative journalism because it does not expressly exempt
public-interest reporting from its consent requirements," Arora said.
He argued that journalists
investigating allegations involving public officials may need to examine
financial records, ownership details and private communications, and seeking
consent from the individuals concerned could defeat the purpose of an investigation.
Arora also warned that the
law could produce a chilling effect, with journalists avoiding investigations
into powerful individuals because of potential complaints, litigation costs and
regulatory uncertainty.
"The real danger here
is not necessarily direct censorship, but a chilling effect on
journalists," he said.
He maintained that an
explicit exemption would provide stronger protection for legitimate
investigative reporting while preserving safeguards against misuse of personal
information.
RTI amendment: Why is
Section 44(3) under scrutiny?
Another major point of
contention is Section 44(3) of the DPDP Act, which amends Section 8(1)(j) of
the Right to Information Act, 2005.
The earlier provision
allowed public authorities to withhold personal information if it had no
relationship to public activity or interest, or if its disclosure would cause
an unwarranted invasion of privacy. However, it also allowed disclosure where a
larger public interest justified making the information available.
The amendment changes the
wording of the exemption to cover information relating to personal information.
Critics argue that the
revised provision removes the earlier balancing mechanism between privacy and
public interest, potentially making it more difficult for citizens to access
information held by public authorities.
The implications could
extend to information concerning public officials, government decisions and the
functioning of public institutions.
For example, a journalist
or an RTI applicant seeking information about the assets or official dealings
of a public servant may encounter questions over whether the information falls
within the personal information exemption.
The central concern is
that information could be withheld even when its disclosure has a legitimate
bearing on public accountability.
The government, however,
has defended the amendment.
In a PIB release issued on
August 20, 2025, MeitY said the DPDP Act sought to recognise both an
individual's right to protect personal information and the need to process such
information for lawful purposes.
The ministry maintained
that the amendment to the RTI Act was intended to balance the right to privacy
with the right to information.
Srinivasan believes
concerns over the amendment may be overstated.
"This suggestion that
the RTI amendment weakens the right to access public information is in my view
a red herring," he said.
He argued that the
amendment does not prevent public authorities from disclosing personal
information when the public interest in disclosure outweighs the harm.
"By way of the
substitution, personal information cannot be given to citizens as a matter of
right. This does not, however, stop a public authority from allowing access to
information (even personal information) if the public interest in disclosure outweighs
the harm," he said.
Arora, on the other hand,
believes the amendment substantially weakens the express public-interest
protection previously available under the RTI Act.
He pointed to cases
involving recruitment records or alleged favouritism in government departments,
where information could reveal corruption involving public money but may now be
denied under the broader personal-information exemption.
He also questioned why the
earlier public-interest qualification was removed if authorities could continue
to disclose information after weighing competing interests.
Could government powers
affect journalistic sources?
The DNPA has also
questioned provisions that give the government powers to seek information and
restrict access to certain information.
Section 36 empowers the
Centre to call for information from Data Fiduciaries or intermediaries for
specified purposes. The association has argued that the provision could affect
the confidentiality of information held by news organisations.
Journalists often depend
on confidential sources, including whistleblowers and individuals who share
information about alleged corruption, corporate wrongdoing or administrative
irregularities.
The possibility of
sensitive information being sought by the government, the association argues,
could discourage people from sharing information with journalists.
This could have
implications for investigative reporting, particularly when sources fear that
their identities or communications may be exposed.
Another provision under
challenge is Section 37, which empowers the government to direct the blocking
of access to information in specified circumstances.
The association has
questioned the scope of these powers and the safeguards available against their
possible misuse.
The broader concern is
whether provisions intended to protect personal information could also create
restrictions on the circulation of news and information.
Is the Data Protection
Board independent?
The composition and
functioning of the Data Protection Board of India have also come under
scrutiny.
The Board is expected to
serve as the principal adjudicatory institution under the law. It will examine
complaints, conduct inquiries and determine penalties against organisations
that fail to comply with the framework.
However, questions have
been raised about the government's role in the appointment of its members and
the extent of its institutional independence.
Under the notified rules,
the selection process for the chairperson and members involves a
search-cum-selection committee comprising senior government officials and
government-nominated experts.
The DNPA has challenged
provisions concerning the Board, including Sections 18 and 19 of the Act and
Rule 17 of the Rules.
The concern is that an
institution responsible for adjudicating disputes involving both private
organisations and government departments should have adequate independence from
the executive.
Government agencies
themselves process large amounts of personal information while implementing
welfare schemes and providing public services. This makes the independence of
the regulatory institution an important aspect of the data protection
framework.
What has the government
said?
The Centre has defended
the legislation, maintaining that its primary objective is to protect citizens'
privacy and regulate organisations that collect and process personal
information.
Union electronics and
information technology Minister Ashwini Vaishnaw has rejected suggestions that
the law is intended to restrict journalistic freedom.
On October 29, Vaishnaw
said that freedom of the press was constitutionally guaranteed and that the
government had no intention of affecting it.
He also indicated that
editors and media professionals could engage with the government to discuss
their concerns.
The government's position
is that the obligations under the legislation are primarily directed at Data
Fiduciaries, such as banks, telecom companies and insurance providers, rather
than journalists as a category.
In a report published on
October 31, The Times of India quoted senior MeitY officials as saying that the
Centre was open to changing the rules and, if necessary, the law itself to
ensure that the framework did not become an impediment for journalists and
media organisations.
Officials maintained that
journalists and media houses do not fall within the category of Data
Fiduciaries merely because they undertake reporting activities.
They also indicated that
exemptions could be incorporated into the rules to address concerns over
journalistic work.
Arora, however, believes
government assurances alone cannot provide adequate protection.
"Assurances must be
backed by statutory provisions and enforceable laws and rules," he said.
He argued that an express
exemption would offer a stronger legal foundation for independent journalists
and digital publishers, rather than leaving the matter dependent on
administrative assurances.
When will the law come
into effect fully?
Although the DPDP Rules
were notified in November 2025, the government has provided a phased
implementation timeline to allow organisations to prepare for compliance.
According to the
enforcement timeline published by MeitY, certain institutional provisions,
including those relating to the establishment of the Data Protection Board,
came into force in November 2025.
The amendment to Section
8(1)(j) of the RTI Act also came into effect as part of the initial phase.
Other provisions,
including the main obligations governing the processing of personal data, are
scheduled to come into force 18 months after the November 13, 2025
notification. This places the key implementation date at May 13, 2027.
The transition period is
intended to give organisations time to establish consent mechanisms, strengthen
security systems and put procedures in place to comply with the law.
For news publishers,
however, the legal uncertainty is likely to remain until the Supreme Court
examines the challenge and the government clarifies whether additional
exemptions will be introduced.
What happens next?
The Supreme Court issued
notice to the Centre on October 27 after hearing the DNPA's challenge. A bench
comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V
Mohana agreed to examine the petition and listed the matter for November 17.
The court did not grant an
interim stay on the challenged provisions without hearing the government's
response.
The Centre will now have
to respond to the questions raised by the association, including the absence of
a specific journalistic exemption, the amendment to the RTI Act and the powers
granted to the government under the legislation.
The government has also
indicated that it is willing to consider changes if required.
The outcome could have
implications beyond news organisations. It may help determine how privacy
rights, access to public information and the freedom to investigate are
balanced under India's digital regulatory framework.
The larger question: Can
privacy and public interest coexist?
The debate over the DPDP
Act reflects a difficult balance between two important principles.
On one hand, individuals
should have control over their personal information. Financial details, health
records, identity documents and private communications should not be freely
collected, shared or used without appropriate safeguards.
On the other, access to
information and the ability to investigate matters of public interest are
essential to accountability. Journalism and the RTI framework often require the
examination of information that may be personal in nature but has wider public
significance.
The challenge, therefore,
is not simply about choosing between privacy and press freedom. It is about
creating safeguards that protect both without allowing one to become an
obstacle to the other.
The Supreme Court's
examination of the law will be important in determining how these competing
interests are reconciled.
For citizens, the
implications go beyond newsrooms and technology companies. They concern how
much control individuals have over their personal information, how easily they
can access information about public institutions and how effectively those in
positions of authority can be held accountable.
As India moves towards a
more data-driven economy, the task before policymakers is to ensure that
stronger privacy protections do not come at the cost of transparency and the
public's right to know.
Media Nama: National: Saturday, 7th November
2026.
On average, the Gujarat
Police flagged one URL every six minutes through the Centre’s censorship facilitator, the Sahyog
Portal, possibly since its launch in October 2024, according to a Right to
Information (RTI) reply shared with MediaNama. The person who filed the RTI
application has requested anonymity.
According to the RTI reply
reviewed by MediaNama, the Gujarat Police issued 5,358 takedown notices,
covering 190,633 URLs, to “all intermediaries” through the Centre’s
Sahyog Portal over the past two years, possibly since October 2024, when the
Ministry of Home Affairs (MHA) launched the portal. However, the reply does not
specify a cut-off date and states that the figures are accurate “to date”. The
reply was received on October 28, 2026.
This means that, on
average:
- Around 261 URLs were
flagged per day, equivalent to roughly one URL every six minutes.
- Around 7.34
notices were issued per day.
- Each notice covered
around 36 URLs.
For comparison, in April
2025, The
Indian Express, citing another RTI reply, reported that the MHA’s Indian
Cyber Crime Coordination Centre (I4C) had issued 130 content takedown
notices between October 2024 and April 8, 2025. This translates to
approximately 0.69 notices per day, compared with Gujarat Police’s
average of 7.3 notices per day, a rate 10.6 times higher. While the
figures cover different reporting periods and authorities, the comparison
illustrates the scale at which Gujarat Police has used the Sahyog Portal.
The RTI reply, dated
October 28, 2026, followed a second appeal to the Cyber Centre of Excellence,
which operates under the Office of the Inspector General of Police, Gujarat.
What was asked:
The RTI application asked
the Gujarat Home Department to disclose the total number of takedown notices
issued to intermediaries under Section 79(3)(b) of the Information Technology
(IT) Act or Rule 3(1)(d) of the IT Rules, 2021. It also sought copies of these
notices and specifically asked how many had been sent through the Sahyog
Portal.
The application was filed
with the Gujarat Home Department on June 17, 2026. It was transferred to the
Cyber Centre of Excellence following an order by the First Appellate Authority
and was finally answered on October 28, 2026.
Center’s Sahyog Portal
itself doesn’t hold takedown records, reveals another RTI reply
In another RTI
reply to MediaNama, the Ministry of Home Affairs’ Indian Cyber Crime
Coordination Centre (I4C), which operates the portal, said it does not maintain
records of notices issued through it. I4C said that these records are held by
State and Union Territory police departments. Gujarat has now disclosed an
aggregate figure without citing any RTI exemption.
This could mean that
individual State police departments should also be able to disclose the number
of takedown notices issued through the Sahyog Portal. MediaNama will file RTI
applications with each State police department and publish the responses as and
when they are received.
Brief context on Sahyog
Portal:
The MHA’s I4C created
the portal to automate notices issued under Section 79(3)(b) of the IT Act.
In a submission to the Karnataka High Court, the government said the portal
displays each agency’s total requests, the content taken down, and the number
of closed and pending requests.
“As per screenshots
attached with the Government’s response, the portal contains a dashboard which shows Central
ministries/departments along with States, and the total number of requests they
have sent out. It also shows them the total pieces of content that platforms
have taken down, the number of requests closed and the number of requests
pending. The dashboard also provides a platform-wide breakdown of requests and
the status of said requests.
Besides this, agencies
have the option to generate a takedown notice and simply select the Act/Section
under which a piece of content is unlawful.” – MediaNama
reporting on Sahyog Portal
X
challenged the portal, arguing that the government uses it to bypass the
safeguards under Section
69A, which governs blocking orders. The Karnataka High Court upheld
the portal. The Supreme Court has since stayed
all previous High Court judgments in the case.
Live Law: Karnataka: Saturday, 7th November
2026.
The Karnataka High Court
on Friday quashed First Information Report (FIR) and all further proceedings
initiated against RTI activist Snehamayi Krishna, registered on a complaint
made by Roopa M J who works as Secretary of the Sri Chamundeshwari development
Authority, accusing Krishna of obstructing her in doing government duty and
shouting at her.
A single judge bench of
Justice Rajesh Rai K, allowed the petition filed by Krishna and quashed the
offence registered against him in 2024 for the offences punishable under
Sections 132 (assault or criminal force to deter a public servant from duty)
and Section 351 (criminal intimidation) of the Bharatiya Nyaya Sanhitha.
The court said “It can
be gathered that the complaint is filed by R2 (Roopa) as a counterblast to the
complaint filed against her by the petitioner.”
As per the complaint filed
by Roopa with the Krishnaraja police in Mysuru on December 14, 2024, while she
was discharging her duty at her office, Krishna had entered her office along
with the police and the police had informed her that Krishna has given a
complaint alleging that sarees worth lakhs of rupees, donated as offerings to
the deity Chamundeshwari, were being misappropriated.
It was alleged that at
that time Krishna who was standing besides the police had in a loud voice
threatened her and allegedly said that he would teach her a lesson and he has
already filed a complaint against then Chief Minister, Siddaramaiah.
Senior Advocate Arun Shyam
appearing for the petitioner argued that on going through the complaint
averments it can be seen that absolutely no offence has been made out against
the petitioner. Further there is a two days delay in lodging the complaint and
no explanation is given by the complaint for it. Further, it was argued that
the present complaint is filed as a counterblast to the complaint filed by
petitioner against Roopa.
The government advocate
opposed the plea saying that the investigation is at nascent stage and
complaint averment disclose that petitioner had threatened the complainant
There is also CCTv footage, about the incident.
The bench noted that the
complaint does not disclose that petitioner made an assault or used criminal
force or threat with an intention to outrage her modesty. The only allegation
is that the petitioner had in a loud voice said he will teach her a lesson.
Referring to the Apex
court judgment in the case of K Dhananjaya Versus Cabinet secretary SLP
5905/2022 wherein it has been held that the shouting and threatening the staff,
will not amount to any assault as described in Section 353 of IPC and there
must be a positive act by the offender to attract the offence, the high court
said,
“Admittedly there is no
criminal force or assault is made by the petitioner. As such Section 132 of BNS
is not attracted. Admittedly, there are no abusive words used by the petitioner
against the complaint and he has not threatened the respondent with dire
consequences.”
Noting that there was a
delay of two days in lodging the complaint against the petitioner, the bench
said, “I am of the considered view that entire chargesheet allegations and
complaint averments taken on face value no offence is made out against the
petitioner. As such the continuation of the proceedings would amount to abuse
of process of law and FIR and further proceedings are quashed against the
petitioner.”
Times of India: Chennai: Saturday, 7th November
2026.
“Is my ex-girlfriend in a
relationship with another person?” “How many men did she cheat on? Is she
married? Where does she live and work?” This is how a Villupuram-based youth
bombarded the police department and then filed at least 1,887 queries under the
Right to Information (RTI) Act.
Livid at the 97 RTI
petitions containing 1,887 questions, information commissioner V P R
Elamparithi rejected them and issued a stern warning to the appellant, A
Santhosh of Villupuram, who had the audacity to appear in person before the
state information commission to put forth his ‘arguments’ on Tuesday.
“We will be forced to send
you to undergo medical counselling if further such mindless RTI pleas in
contempt of the Act are filed,” the commissioner said in his detailed order
dated Thursday.
Additional superintendent
of Cuddalore district police, who is the public information officer, informed
the commission that Santhosh was in a relationship with his collegemate in 2024
and they broke up after passing out of college. But he harassed her through
phone calls and social media, after which she attempted suicide and was
admitted to govt hospital for treatment in June 2025. The PIO also informed the
commission that the girl had lodged a harassment complaint against Santhosh and
furnished a copy of her complaint. After police inquired them by issuing a CSR,
Santhosh started badgering the police station with RTI queries. In one of the
pleas, he asked 179 queries which asked 68 questions seeking CCTV camera
footage of certain dates, while other queries were surrounding the girl’s
personal life, including whether she was alive and how many men she was in a
relationship with.
Recording the submission,
commissioner Elamparithi said the RTI Act is a powerful weapon to a common man
and has been effectively used to expose corruption and ensure individual’s
right over the system. “But there can’t be a better plea than this to highlight
how the RTI Act has been abused since the petitioner has gone to the extent of
seeking a photo of the girl concerned under the RTI Act,” the commissioner
noted.
Following submission from
Santhosh that he would approach the court to seek justice, the commission
closed the petition.
The Morning: Sri Lanka: Friday, 6th November
2026.
The DNPA has approached
the Supreme Court, arguing that the law could undermine investigative
reporting, expose confidential sources and restrict access to public records.
The Digital News
Publishers Association (DNPA), which represents the digital news operations of
21 major media organisations, has moved the Supreme Court challenging
provisions of the Digital Personal Data Protection (DPDP) Act, 2023.
The association argues
that the law, intended to protect people's personal data, could make
investigative journalism difficult, expose confidential sources and threaten
the preservation of published reports.
The DNPA includes digital
news operations of organisations such as The Indian Express, The Hindu, India
Today, the Times Group, Zee, NDTV and Network18. Independent investigative
journalist Yukta Mudgal is also a petitioner.
“This is perhaps the first
comprehensive petition by what we call legacy media. There has been some debate
over citizen journalists. We are the traditional, conventional legacy media,”
Advocate Madhavi Divan, appearing for the DNPA, told the court.
A bench comprising Chief
Justice of India (CJI) Surya Kant and Justices Joymalya Bagchi and V Mohana
issued notice to the Centre on the petition and the association's request for
an interim stay on the challenged provisions.
What Does The DPDP Act
Require?
The Parliament passed the
Digital Personal Data Protection Act in August 2023 to establish a legal
framework for processing digital personal data. The government notified the
accompanying Digital Personal Data Protection Rules in November 2025, with implementation
scheduled in phases over 18 months.
The law regulates how
organisations collect, use and process digital personal data. It also gives
individuals certain rights over their information and places obligations on
organisations that handle it.
Under the Act, an entity
that determines the purpose and means of processing personal data is called a
Data Fiduciary. The individual to whom that data relates is called a Data
Principal.
Broadly, the law requires
Data Fiduciaries to process personal data with the individual's consent or for
specific legitimate uses permitted under Section 7.
Section 7(a), for
instance, permits processing for a specified purpose for which an individual
has voluntarily provided their personal data, provided they have not indicated
that they do not consent to its use.
The law also gives
individuals the right to withdraw consent and seek erasure of their personal
data, subject to the applicable provisions and exceptions.
Organisations that violate
the law can face substantial financial penalties, with some breaches attracting
fines of up to Rs 250 crore.
These requirements are
intended to give people greater control over their personal information.
However, the law does not expressly exempt journalistic activities from its
provisions.
Why Is The DNPA
Challenging The Law?
The DNPA's central
objection is that the DPDP Act does not provide an explicit exemption for
journalism. According to its petition, the government had assured publishers at
an August meeting that press freedom would be protected. However, the absence
of a written exemption, similar to provisions in the European Union, Singapore
and the United Kingdom, remains a concern.
One of the biggest issues
is the requirement for consent. Unlike businesses that collect personal data
when users sign up for a service, journalists often need to gather information
about individuals without informing them, particularly when investigating
corruption, corporate wrongdoing or irregularities in government schemes.
The DNPA argues that
requiring journalists to seek consent from the subjects of their investigations
could alert them before a story is published, allowing them to interfere with
the reporting. This could “allow that subject to destroy evidence, intimidate
witnesses”, the petition states.
Without safeguards for
journalism, the DNPA argues, this could create difficulties for publishers if
individuals featured in previously published reports demand that their
information be deleted.
Appearing for the
association, Divan told the Supreme Court that making journalists dependent on
the consent of those they report on would amount to “a complete regime of pre-censorship”.
“If I am left to the mercy
of the data principal as to whether he or she will give consent, how will news
be reported?” she said.
The association has also
questioned the government's powers to seek information from organisations
handling personal data. Section 36 of the Act, scheduled to come into effect in
May 2027, allows the Centre to require a Data Fiduciary or intermediary to furnish
information it calls for.
The DNPA describes this
power as “nakedly unguided”, arguing that it “can extend to privileged communications in
possession of a reporter or the informant”. It warns that this could expose
confidential sources, including whistleblowers and government employees, and
discourage them from sharing information about corruption or wrongdoing with
journalists.
How Will The RTI Law Be
Affected?
The DNPA has also
challenged Section 44(3) of the DPDP Act, which amended Section 8(1)(j) of the
Right to Information (RTI) Act, 2005.
The RTI Act allows
citizens to access government records, subject to certain exemptions.
Journalists use it to verify official claims and investigate government
decisions and policies.
Earlier, authorities could
withhold personal information if it had no connection to public activity or
would amount to an unwarranted invasion of privacy. However, they could still
disclose it if a larger public interest justified doing so.
The amendment replaces
this provision with a blanket exemption for “information which relates to
personal information”, removing the earlier public-interest test.
Nitin Sethi, founding
editor of The Reporters' Collective, said this could substantially “take the
teeth out of the RTI Act”.
“I would compare earlier
attempts to dilute the RTI Act to a thousand cuts. What we have now in the form
of the DPDP Act is a sledgehammer on the RTI law,” he told Decode.
The concerns come at a
time when the RTI system is already struggling with delays and a growing
backlog. A 2026 assessment by transparency watchdog Satark Nagrik
Sangathan found that 3.85 lakh appeals and complaints were pending across 28
information commissions as of June 30.
A Long-Standing Press
Freedom Concern
The DNPA's petition
follows years of concerns from press bodies and civil society groups about the
DPDP Act's impact on journalism and transparency.
In August 2023, the Editors
Guild of India and DIGIPUB
News India Foundation flagged the lack of a journalistic exemption and the
amendment to the RTI Act. Both warned that data protection requirements could
conflict with reporting on individuals and institutions in the public interest.
DIGIPUB also raised
concerns with the Ministry of Electronics and Information Technology (MeitY),
arguing that the law gave the government broad powers without providing similar
safeguards for journalists. In November 2025, the organisation said it had submitted detailed questions
following a meeting with the MeitY Secretary, but had received no response.
The Editors Guild said the
MeitY Secretary had assured press bodies in July 2025 that journalistic work
would not fall under the law. The Guild and other media organisations
subsequently submitted 35 questions seeking clarity on consent, exemptions,
data retention, research and public-interest reporting. “However, there has
been no official response since then,” the Guild said.
The Reporters' Collective
filed a separate petition in the Supreme Court in February 2026,
challenging provisions of the Act and their implications for transparency and
public-interest reporting.
Alluding to The Reporters'
Collective's recent investigations into the Special Intensive Revision (SIR) of
electoral rolls, Sethi said, “All the work we did with researchers and others
to analyse crores of voter records and identify irregularities could, under the
DPDP Act, make whistleblowers, researchers and data analysts liable for privacy
violations,” he said.
Sethi said their petition
was not seeking special protection for journalists, but safeguards for all
citizens seeking information in the public interest.
“We are asking for an
exception to these perverse sections of the law for all citizens who want to
bring out information for public purposes.”
He added that journalists
were not a separate category of citizens entitled to greater accountability
rights. “We are not a different breed of citizens,” he said, arguing that the
ability to hold institutions accountable “should be in the hands of every possible
citizen.”
What Happens Next?
The Supreme Court has
sought the Centre's response to the DNPA's petition but has not granted an
interim stay on the challenged provisions. The next hearing is scheduled for
November 17.
Union Electronics and
Information Technology Minister Ashwini Vaishnaw has dismissed concerns that
the DPDP Act could restrict investigative journalism, saying the Constitution's
guarantee of press freedom remains paramount. He has also invited editors and
media professionals to discuss their concerns with the government.
The challenge comes at a
time when India's press freedom ranking remains low. In the 2026 World Press
Freedom Index, published by international media watchdog Reporters Without
Borders (RSF), India ranked 157th among 180 countries, down from 151st in 2025. It
remains in the index's 'very serious' category. RSF cited rising violence
against journalists, concentrated media ownership and increasingly overt
political alignment among media outlets as concerns affecting press freedom.
The DPDP Act adds another
dimension to this debate, with questions over whether data protection
requirements could make reporting, accessing public records and protecting
confidential sources more difficult.
The Morning: Sri Lanka: Friday, 6th November
2026.
A total of 86 people died
in Police custody, while being taken into custody, or while being held in
detention between 1 January 2020 and 26 October of this year (2026), according
to data released by the Police under the Right to Information (RTI) Act.
The figures were provided
by the Police Central Crime Investigation Bureau (CCIB) on 4 November in
response to an RTI request filed by The Daily Morning.
The highest number of
deaths was recorded in 2023, with 19. There were 16 deaths in 2020, 14 in 2021,
11 in 2022, 10 in 2024 and 12 last year (in 2025). Four deaths have been
recorded so far this year, up to 26 October. The largest number of deaths, 23, occurred
while suspects were being taken into custody. Another 15 died while being taken
for investigations after their arrest, and a further 15 by hanging inside
Police cells. According to information, 18 deaths were natural, caused by
sudden illness while the suspects were held in cells. Seven deaths were
attributed to drug intake, and five involved suspects who had been assaulted by
members of the public before being handed over to the Police. One death each
was attributed to a suspect behaving violently inside a cell, to injuries
sustained while escaping from the place of detention, and to a suspected Police
assault. The suspected assault case was recorded this year.
The deaths had been
reported from a large number of Police divisions across the country. These
include Colombo North, Central and South, Mount Lavinia, Homagama, Nawagamuwa,
Gampaha, Kalutara, Elpitiya, Galle, Matara, Tangalle, Suriyawewa, Kurunegala,
Kandy, Anuradhapura, Ratnapura, Kegalle, Negombo and Kelaniya. Deaths were also
reported from special units, namely the Criminal Investigation Department
(CID), the Colombo Crimes Division, the Police Narcotics Bureau and the
Terrorism Investigation Division.
When queried as to whether
an inquiry or investigation had been carried out into each death at the Police
Departmental level, the Police stated that a Magisterial inquiry and a
post-mortem examination had been conducted by the relevant regional Magistrate's
Court in every case. In sensitive and special cases, further investigations
were carried out by the CID or another special Police unit on the instructions
of the Inspector General of Police, and the findings were reported to the
courts and the Attorney General.
The CCIB declined to state
as to how many officers had been suspended or were interdicted in connection
with these deaths, or against how many officers disciplinary action had been
concluded or legal proceedings had been instituted. It stated that this information
related to officers' personal disciplinary inquiries and personal files, and
was therefore exempt from disclosure under Section 5(1)(a) of the Act, which
covers personal information. However, The Daily Morning will appeal
against the refusal, as the request sought only the number of officers
concerned and not their names or any other details that would identify them.
Public Security Minister
Ananda Wijepala and Public Security Ministry Secretary Ravi Senevirathne were
not contactable on whether the Ministry would consider introducing further
guidelines to prevent deaths in Police custody.
Deccan Chronicle: Chennai: Friday, 6th November
2026.
The government has ordered
a Rs.1,200-crore new Assembly and Secretariat complex in Mylapore without
conducting even a basic feasibility study or assessing the suitability of the
25.55-acre site, according to RTI replies obtained by residents.
The proposed complex,
spread over 20 lakh square feet, is intended to house the Legislature and the
Secretariat, which currently function from separate locations. The government
has identified 25.55 acres in Mylapore for the project through a government order
(G.O. Ms. No. 564) issued by the public works department on September 8, 2026.
Officials have been asked to submit a detailed project report (DPR) within
three months.
The residents questioned
how such a major public infrastructure project was planned without documented
preliminary assessments.
In replies under the Right
to Information (RTI) Act, the public (buildings) department has said it had no
feasibility report for the project. The Chennai Circle of the Public Works
Department also said it had no records relating to a needs assessment, site
selection study, pre-feasibility study or cost-benefit analysis.
The department, as per the
RTI reply, had no records explaining why a feasibility study was considered
unnecessary before preparing the DPR.
The absence of these
documents has raised questions about the basis on which the government
identified the Mylapore site. The residents want to know whether alternative
locations were considered and whether the land was assessed for its suitability
before the government issued the order.
Under established
government procedures for public works, major projects are expected to undergo
technical examination, cost estimation, and appropriate administrative and
financial scrutiny.
The Tamil Nadu Budget
Manual also mandates site investigation and technical assessment in the
preparation of major works. However, whether a separate feasibility report was
mandatory before issuing this particular G.O. depends on the nature of the
approval and the applicable procedures.
The residents have
demanded that the government disclose the studies, if any, conducted before
selecting the site and explain the reasons for choosing Mylapore for a project
involving public expenditure of Rs. 1,200 crores.
A resident told Deccan
Chronicle that the village panchayats will hold a press conference at the
Moolikuppam Srinivasapuram Fishermen Community Welfare Hall at 10 am on
Thursday to present the RTI replies and explain their objections.
Imphal Times: Manipur: Friday, 6th November
2026.
The Manipur Government has
failed to appoint a new State Chief Information Commissioner (SCIC), leaving
the Manipur Information Commission (MIC) without its chief since October 22,
2026, when the tenure of the previous Chief Information Commissioner ended. The
prolonged vacancy has raised serious concerns over the functioning of the
statutory institution responsible for ensuring transparency and accountability
in public administration under the Right to Information (RTI) Act, 2005.
The Department of
Personnel and Administrative Reforms (DP&AR), Government of Manipur, issued
an advertisement on September 16, 2026, inviting applications from eligible
candidates for appointment to the post of State Chief Information Commissioner.
The last date for submission of applications was October 15, 2026. However,
despite the completion of the application process and the impending vacancy
being known in advance, the Government has failed to appoint a successor,
leaving the Commission without its chief since October 17.
The Supreme Court, in its
judgment dated February 15, 2019, in Anjali Bhardwaj and Others v. Union of
India, emphasised the need for timely appointments to Information Commissions.
The Court observed that the process for filling a vacancy should ideally begin
one to two months before the anticipated vacancy so that there is no
substantial time lag between the occurrence of the vacancy and its filling. It
also urged the Central and State Governments to ensure that vacancies are
filled without delay.
Although the Manipur
Government issued the advertisement approximately one month before the previous
Chief Information Commissioner’s tenure ended, the failure to complete the
appointment process and ensure continuity in the leadership of the Commission has
raised questions over the follow-up action taken by the Government.
The failure to appoint a
successor has also raised questions over the Government’s commitment to
strengthening transparency and accountability in public administration.
When Imphal Times
investigated the reasons behind the delay in appointing the new Chief
Information Commissioner, it found that the appointment process had been held
up due to slow procedural movement at the Administrative Reforms Department.
The delay in processing
such an important appointment has left a crucial statutory institution without
its principal administrative head.
The absence of a Chief
Information Commissioner for an extended period risks weakening the
accountability mechanism established under the RTI Act. Delays in the disposal
of appeals and complaints can provide further protection to public officials
and authorities who withhold information or avoid transparency, while citizens
seeking answers on matters involving public interest are left waiting for
decisions.
More concerning is the
reported suspension of hearings by the Manipur Information Commission, even
though a State Information Commissioner remains in office. The Commission is
reportedly not taking up hearings of RTI appeals and complaints on the ground that
a new State Chief Information Commissioner has not been appointed.
While the absence of a
Chief Information Commissioner may affect the administrative management,
general superintendence and direction of the Commission, the RTI Act does not
expressly state that hearings of appeals and complaints must be suspended
during a vacancy in the post of Chief Information Commissioner.
A similar situation arose
at the Central Information Commission in 2025, when the post of Chief
Information Commissioner remained vacant from September 14 to December 15,
following the completion of the tenure of the then Chief Information
Commissioner. During this period, no existing Information Commissioner was
given additional charge of the post of Chief Information Commissioner. Yet, the
Central Information Commission continued conducting hearings through its
existing Information Commissioners.
This raises a pertinent
question: if the Central Information Commission could continue conducting
hearings in the absence of its Chief, why has the Manipur Information
Commission stopped hearing appeals and complaints despite having an existing
State Information Commissioner?
Section 15(4) of the RTI
Act provides that the general superintendence, direction and management of the
affairs of the State Information Commission shall vest in the State Chief
Information Commissioner, who shall be assisted by the State Information Commissioners.
However, Sections 18 and 19 separately provide for the Commission’s statutory
responsibilities in dealing with complaints and second appeals. The Act does
not expressly make the conduct of hearings conditional upon the presence of a
Chief Information Commissioner.
The distinction between
administrative management and the hearing of appeals and complaints therefore
assumes significance. While the absence of a Chief Information Commissioner may
create difficulties in the administrative functioning of the Commission, the
question remains whether such a vacancy should bring its hearing functions to a
standstill.
The Government’s failure
to appoint a successor, coupled with the reported suspension of hearings, has
raised concerns over the fate of pending RTI appeals and complaints. At a time
when citizens depend on the RTI Act to question government decisions and expose
irregularities, the institution entrusted with ensuring transparency and
accountability cannot be allowed to remain ineffective.
The State Government needs
to explain the delay in completing the appointment process and ensure that the
Manipur Information Commission continues to discharge its statutory
responsibilities without interruption.