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The Data Protection Board of India

The Digital Personal Data Protection Act (DPDPA), 2023 establishes the Data Protection Board of India as the central regulatory authority responsible for monitoring compliance, handling grievances, and ensuring enforcement of the law. The creation of the Board is a cornerstone of the Act because without an independent authority, the rights of individuals and the obligations of organizations would remain largely theoretical.

  • Independent Regulatory Authority
    The Board is designed to function as an independent body, free from the influence of the organizations it regulates. Its primary duty is to act in the interest of Data Principals — the individuals whose personal data is being processed — and to ensure that their rights are respected.

  • Digital-First Functioning
    Reflecting the spirit of the Act, the Board will operate as a “digital office.” This means that complaints, filings, hearings, and orders can be managed electronically, ensuring efficiency, accessibility, and speed. This approach is particularly important for a country of India’s scale, where millions of potential complaints could arise.

  • Handling Complaints and Grievances
    The Board will investigate complaints filed by individuals regarding misuse of data, delays in grievance redressal by organizations, or failure to comply with the rights of Data Principals. It has the authority to summon organizations, review evidence, and direct corrective actions.

    Example

    If a telecom company fails to delete a user’s data after repeated requests, the individual can escalate the complaint to the Board, which can order the company to comply and even impose penalties.

  • Investigating Data Breaches
    Organizations must notify the Board within seventy-two hours of a personal data breach. The Board has the power to examine the circumstances of the breach, verify whether security safeguards were adequate, and determine whether penalties should be imposed.

  • Issuing Directions and Penalties
    The Board is empowered to impose financial penalties of up to ₹250 crore depending on the severity of the violation. It can also issue directions to organizations, including orders to stop certain data processing activities, improve security practices, or implement stronger governance measures.

    Critical Point

    Penalties of up to ₹250 crore make non-compliance extremely costly, ensuring organizations take their obligations seriously.

  • Composition and Governance
    The Board consists of a Chairperson and Members appointed by the Central Government. Their terms of service, allowances, and conditions of appointment are specified in the Draft Rules of 2025. This ensures that the Board has both authority and accountability in its operations.

  • Appeals Process
    Any party aggrieved by the Board’s orders can appeal to the Appellate Tribunal. This appellate mechanism ensures that decisions are subject to review, thereby maintaining fairness and transparency.

The establishment of the Data Protection Board ensures that DPDPA is not just a statement of rights and obligations but a living framework with enforcement power. By providing a clear channel for grievances, oversight for breaches, and the ability to impose meaningful penalties, the Board gives real teeth to India’s data protection regime.