Recently, the Delhi High Court has directed the Union Government to clarify the status of the Digital Personal Data Protection Act, 2023 (DPDP Act), noting that although the legislation received Presidential assent on August 11, 2023, it has not yet been brought into effect.
The matter arose in a writ petition filed by petitioner Vikas Mittal, represented by Senior Advocate Shyel Trehan, seeking a mandamus compelling the Centre to notify the Act. The petitioner argued that the continued delay in its implementation leaves individuals vulnerable to the misuse of their personal data by businesses and service providers without adequate safeguards.
The Division Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela observed, “Sub Section (2) of Section 1 of the Digital Personal Data Protection Act, 2023 provides that the Act shall come into force with effect from the date to be notified by the Central Government. It further provides that different dates may be appointed for different provisions of this Act to come into force. We have, however, been informed that no such notification as contemplated in Sub Section (2) of Section 1 of the said Act has been issued.”
The Court ordered, “Let the said fact be verified by the learned counsel representing the Union of India who shall seek instructions not only in respect the fact that as to whether any notification under Sub Section (2) of Section 1 of the said Act has been issued but also as to whether any such notification is in contemplation.”
The DPDP Act establishes a legal framework for processing digital personal data, balancing the individual’s right to privacy with the lawful need to process data for legitimate purposes. Under its provisions, data fiduciaries are required to obtain consent for processing, while certain “legitimate uses” are expressly permitted. The law further mandates the establishment of the Data Protection Board of India to oversee compliance, impose penalties for breaches, and handle grievances.
Despite these statutory safeguards, the Centre has yet to issue the necessary notification under Section 1(2). The Court has listed the matter for further hearing on November 12, 2025.
Case Title: Vikas Mittal Vs. Union of India and Ors
Case No: W.P.(C) 14344/2025, CM APPL. 58778/2025, CM APPL. 58779/2025 & CM APPL. 58780/2025
Coram: Chief Justice Devendra Kumar Upadhyaya, Justice Tushar Rao Gedela
Advocate for Petitioner: Sr. Adv. Shyel Trehan, Advs. Vidhi Jain, Manish Kaushik, Mishal Johari, Vikas Ashwani, Chirag Sharma
Advocate for Respondent: CGSC Ishkaran Singh Bhandari, Sr. Adv. Rajshekhar Rao, Advs. Piyush Yadav, Rachit Bahl, Sayobani Basu, Dhriti Batra, Ishi Rohatgi, Pratham Agarwal, Saigal
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