Schedule V: Terms and Conditions of Service of the Chairperson and Members of the Data Protection Board
Schedule V provides detailed rules governing the service conditions of the Chairperson and Members of the Data Protection Board of India. Since these individuals are central to the enforcement of the DPDPA, their independence, integrity, and impartiality must be safeguarded through well-defined service conditions.
Key Provisions
Tenure and Appointment
The Chairperson and Members are appointed by the Central Government for a fixed term as prescribed. Their continuation is not dependent on the will of private parties or external influence, ensuring institutional stability.
Salary and Allowances
Their salaries, allowances, leave entitlements, and retirement benefits are explicitly determined by the Central Government. This clarity prevents disputes and ensures fair compensation that matches the gravity of their responsibilities.
Service Conditions
Apart from pay, the rules cover service conditions such as working hours, official privileges, use of facilities, and grounds for removal or suspension.
Code of Conduct and Restrictions
Members must adhere to standards of professional conduct and are often barred from taking up conflicting employment or business during their tenure. This restriction preserves impartiality.
The independence of the Board depends on secure, transparent, and stable service conditions. Without these, Members could be vulnerable to external pressure or conflicts of interest.
Why It Matters
The Data Protection Board is empowered to:
- Impose penalties of up to ₹250 crore
- Order companies to stop data processing
- Require corrective measures
These decisions may affect powerful stakeholders, including multinational corporations, financial institutions, and government bodies.
If the Chairperson or Members lacked secure service conditions, their independence could be compromised. Schedule V prevents this by ensuring that compensation and terms of service are stable, transparent, and protected from outside pressure.
Example Scenarios
If the Board imposes a penalty of ₹150 crore on a global social media platform for mishandling children’s data, the fairness of that decision depends heavily on the Members being financially independent and professionally secure.
If a large pharmaceutical company challenges a Board order, the credibility of the enforcement action rests on the perception that the Chairperson and Members are impartial, not swayed by inducements or insecurity about their positions.
Schedule V strengthens the institutional credibility of the Data Protection Board. By defining service conditions in advance, it eliminates doubts about bias or vulnerability to influence.
This, in turn, builds trust among individuals, businesses, and international stakeholders that India’s privacy regulator will act fairly, consistently, and independently.