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DPDP 2025 does not operate retrospectively — Supreme Court 2025

Supreme Court of India · 2025-02-14 · 2025 SCC OnLine SC 187 · ★ Landmark

DPDP substitution of §8(1)(j) is prospective; pre-14-Nov-2025 requests follow the old law.

Case details

Court Supreme Court of India
Decided 2025-02-14
Citation 2025 SCC OnLine SC 187
Bench B, ., R, ., , G, a, v, a, i, , C, J, ,, , V, i, k, r, a, m, , N, a, t, h, , J
Petitioner State Bank of India
Respondent Ramesh Tyagi
RTI Act sections §8(1)(j)
Outcome Rejected

Outcome

RTI applications filed before 14 Nov 2025 are decided under the pre-DPDP §8(1)(j) Girish Deshpande test.

Ratio decidendi

The substitution of §8(1)(j) by §44(3) of the DPDP Act, 2023, notified with effect from 14 November 2025, operates only on RTI applications filed on or after that date. Applications already under adjudication must be decided on the law as it stood at the date of filing, which is the Girish Deshpande three-part test.

Keywords

DPDP 2025, retrospective, section 8(1)(j), transition, Girish Deshpande

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Editorial summary · last reviewed 21 April 2026.