New Delhi: The Delhi High Court on Wednesday sought the response of the Reserve Bank of India on a public interest litigation alleging violation of a borrower’s right to privacy and data protection by Non-Banking Financial Companies (NBFCs) through digital lending applications.
A bench of Chief Justice D K Upadhyaya and Justice Tejas Karia issued notice to the Centre and RBI in the matter, observing that the PIL by Himakshi Bhargav “raised a serious concern”.
“We are concerned with what action you are taking,” the bench said.
“We require the RBI to file a counter affidavit in respect of the averments in the petition and also action taken for the enforcement of the 2025 (digital lending) guidelines. The counter affidavit filed by RBI shall discuss action taken by concerned authorities in case of violation of these directions,” the court ordered.
The petitioner, who filed the PIL through advocates Kunal Madan and Manway Sarawagi, alleged that in spite of the issuance of Reserve Bank of India Digital Lending Guidelines of 2025, certain digital lending applications continued to access prohibited mobile phone resources such as contact lists and call logs, collected excessive personal and device-level data, and deployed coercive consent mechanisms.
“Borrowers are compelled to accept broad and non-negotiable privacy policies as a condition for availing services, rendering consent involuntary and contrary to Sections 12 of the Guidelines.. The data collection practices are disproportionate and bear no reasonable nexus to legitimate purposes such as KYC or credit assessment,” the plea argued.
The petitioner claimed that in November 2025, she submitted a detailed complaint to the RBI identifying specific violations, but no action was taken.
The PIL sought directions to the RBI to take expeditious and time-bound action against entities operating in breach of the lending guidelines.
The petitioner was also represented by advocates Yugal Jain and Teena.
