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Q8 - If there is a dispute between a Fiduciary and a Consent Manager (e.g., over proof of consent), who resolves it?

Answer
  • The Data Protection Board of India resolves such disputes.
  • The Consent Manager must provide verifiable records of consent.
  • If the Fiduciary disputes this (e.g., claiming it had proper consent), the Board examines the logs and records.
Example

A pharmaceutical company markets a diabetes drug to users claiming they gave consent.
The Consent Manager shows that Govind had never agreed to receive marketing.
The Board investigates and, if satisfied, may penalize the company for unlawful processing.