Delhi HC seeks RBI response on alleged borrowers' data rights violations by NBFCs
Delhi High Court has directed RBI to file a counter affidavit within six weeks regarding alleged data protection violations by NBFCs in digital lending. The court examined RBI's Digital Lending Directions, 2025, and requires disclosure of enforcement actions taken against violating entities. The case highlights broader concerns about data privacy and regulatory oversight in India's expanding digital lending sector.

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The Delhi High Court has directed the Reserve Bank of India (RBI) to file a comprehensive response regarding allegations of data protection rights violations by non-banking financial companies (NBFCs) operating digital lending applications. The directive comes as part of ongoing judicial scrutiny of India's rapidly expanding digital lending ecosystem.
Court Proceedings and Regulatory Framework
A division bench comprising Chief Justice DK Upadhyaya and Justice Tejas Karia heard the petition and examined the current regulatory framework governing digital lending operations. The court's attention was drawn to the RBI's recently issued statutory guidelines, the RBI Digital Lending Directions, 2025, which apply to digital lending activities undertaken by both private and public sector banks.
The bench made specific observations about the nature and scope of these guidelines:
| Aspect | Details |
|---|---|
| Guidelines Nature | Regulatory framework |
| Coverage | Private and public sector banks |
| Purpose | Curb misuse and proliferation of borrowers' data |
| Mechanism | Grievance redressal system |
RBI's Compliance and Enforcement Mandate
The court has issued specific directions to the central bank regarding its response and disclosure requirements. "We require the RBI to file a counter affidavit, not only in relation to this writ petition, but also bringing on record the action taken for enforcement of the 2025 guidelines," the bench stated during the proceedings.
The court's directive encompasses two critical areas of disclosure:
- Action taken for enforcement of the Digital Lending Directions, 2025
- Specific measures against entities found violating digital lending guidelines
Timeline and Broader Implications
The Reserve Bank of India has been granted six weeks to file its counter affidavit with the court. This timeline allows the central bank to compile comprehensive information about its enforcement actions and regulatory measures in the digital lending space.
| Parameter | Details |
|---|---|
| Response Timeline | Six weeks |
| Required Documentation | Counter affidavit |
| Disclosure Scope | Enforcement actions and violations |
The petition raises significant concerns about data privacy and regulatory oversight in India's digital lending sector. The court's intervention reflects growing judicial attention to the balance between financial innovation and consumer protection in the digital lending ecosystem. The case highlights the importance of robust regulatory frameworks and effective enforcement mechanisms to protect borrowers' data rights while enabling the growth of digital financial services.
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