Data Protection Board of India

TBD, Chairperson

The Data Protection Board of India is an adjudicating body which is being set up by the Government of India under section 18^[1] of the Digital Personal Data Protection Act, 2023. It is a body that adjudicates the dispute between those whose personal data has been given to a platform and the platform which has in turn breached the obligations under the Digital Personal Data Protection Act, 2023.^[2]

Background

The events that lead to the establishment of the Data Protection Board of India are as follows:

On 18 November 2022, the Ministry of Electronics and Information Technology released the Digital Personal Data Protection Bill, 2022 for public consultation.^[3]^[4]

On 5 July 2023, the cabinet has approved the Digital Personal Data Protection Bill, 2023 which is the revised version of the bill which was put up for public consulation earlier.^[5]
On 3 August 2023, the Digital Personal Data Protection Bill, 2023 was introduced in Lok Sabha, the lower house of the Parliament of India.^[6]

On 7 August 2023, the Digital Personal Data Protection Bill, 2023 was passed by Lok Sabha.^[7]

On 9 August 2023, the Digital Personal Data Protection Bill, 2023 was introduced and passed by Rajya Sabha, the upper house of the Parliament of India.^[8]

On 11 August 2023, the President of India has given assent to the Digital Personal Data Protection Bill, 2023 which now makes it the Digital Personal Data Protection Act, 2023.^[9]^[10]
The Minister of Electronics and Information Technology, Ashwini Vaisnaw and MoS Rajeev Chandrasekhar have informed that the Central government is currently under the process of setting up the Data Protection Board of India.^[11]

Structure

According to the section 18 of the Digital Personal Data Protection Act, 2023, the board shall consist a Chairperson.^[1]

Powers and functions

The Data Protection Board shall exercise and perform its powers on receipt of an intimation of personal data breach under sub-section (6) of section 8, to direct any urgent remedial or mitigation measures in the event of a personal data breach, and to inquire into such personal data breach and impose penalty as provided in the Digital Personal Data Protection Act, 2023
To give directions for remediating or mitigating data breaches
To inquire into data breaches and complaints and impose financial penalties
To refer complaints for Alternate Dispute Resolution and to accept Voluntary Undertakings from Data Fiduciaries
To advise the Government to block the website, app etc. of a Data Fiduciary who is found to repeatedly breach the provisions of the Bill
Adjucate in case of dispute
The Board shall determine whether there are sufficient grounds to proceed with an inquiry
Impose penalty in case of breach of provisions in the Digital Personal Data Protection Act, 2023

References

^ ^a ^b "Digital Personal Data Protection Act, 2023" (PDF).
^ Ganguly, Shirsha (2023-08-30). "Data Protection Board To Function As Adjudicator, Not Regulator, Clarifies MoS IT". thelogicalindian.com. Retrieved 2023-09-06.
^ "Data Protection Framework | Ministry of Electronics and Information Technology, Government of India". www.meity.gov.in. Retrieved 2023-08-28.
^ "Wayback Machine" (PDF). Archived from the original (PDF) on 2017-08-28. Retrieved 2023-08-09.
^ Bureau, The Hindu (2023-07-05). "Cabinet clears Data Protection Bill". The Hindu. ISSN 0971-751X. Retrieved 2023-08-28.
^ Bureau, The Hindu (2023-08-03). "Digital Personal Data Protection Bill, 2023 introduced in Lok Sabha". The Hindu. ISSN 0971-751X. Retrieved 2023-08-28.
^ "Data protection bill passed by Lok Sabha, next stop Rajya Sabha". Moneycontrol. 2023-08-07. Retrieved 2023-08-07.
^ Chishti, Aiman J. (2023-08-09). "Parliament Passes Digital Personal Data Protection Bill". www.livelaw.in. Retrieved 2023-08-09.
^ "India gets a data protection law". Moneycontrol. 2023-08-11. Retrieved 2023-08-11.
^ "Digital Personal Data Protection Bill gets nod from President". The Economic Times. 2023-08-12. ISSN 0013-0389. Retrieved 2023-08-11.
^ P, Suraksha (2023-08-21). "Will notify Data Protection Board, rules soon: MoS IT Rajeev Chandrasekhar". The Economic Times. ISSN 0013-0389. Retrieved 2023-09-06.