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