The Data Protection Board of India (DPBI) is an adjudicating body which is being set up by the

Government of India The Government of India (ISO 15919, ISO: Bhārata Sarakāra, legally the Union Government or Union of India or the Central Government) is the national authority of the Republic of India, located in South Asia, consisting of States and union t ...

under section 18 of the

Digital Personal Data Protection Act, 2023 The Digital Personal Data Protection Act, 2023 (also known as DPDP Act or DPDPA-2023) is an act of the Parliament of India to provide for the processing of digital personal data in a manner that recognises both the right of individuals to prote ...

. 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.

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 The Ministry of Electronics and Information Technology (MEITy) is an executive agency of the Government of India, Union Government of the India, Republic of India. It was carved out of the Ministry of Communications and Information Technology (I ...

released the Digital Personal Data Protection Bill, 2022 for public consultation. * On 5 July 2023, the cabinet approved the Digital Personal Data Protection Bill, 2023 which is the revised version of the bill which was put up for public consultation earlier. * On 3 August 2023, the Digital Personal Data Protection Bill, 2023 was introduced in

Lok Sabha The Lok Sabha, also known as the House of the People, is the lower house of Parliament of India which is Bicameralism, bicameral, where the upper house is Rajya Sabha. Member of Parliament, Lok Sabha, Members of the Lok Sabha are elected by a ...

, the lower house of the

Parliament of India The Parliament of India (ISO 15919, ISO: ) is the supreme legislative body of the Government of India, Government of the Republic of India. It is a bicameralism, bicameral legislature composed of the Rajya Sabha (Council of States) and the Lok ...

. * On 7 August 2023, the Digital Personal Data Protection Bill, 2023 was passed by

. * On 9 August 2023, the Digital Personal Data Protection Bill, 2023 was introduced and passed by

Rajya Sabha Rajya Sabha (Council of States) is the upper house of the Parliament of India and functions as the institutional representation of India’s federal units — the states and union territories.https://rajyasabha.nic.in/ It is a key component o ...

, the upper house of the Parliament of India. * On 11 August 2023, the

President of India The president of India (ISO 15919, ISO: ) is the head of state of the Republic of India. The president is the nominal head of the executive, the first citizen of the country, and the commander-in-chief, supreme commander of the Indian Armed ...

has given assent to the Digital Personal Data Protection Bill, 2023 which now makes it the

. * The Minister of Electronics and Information Technology, Ashwini Vaisnaw and MoS

Rajeev Chandrasekhar Rajeev Chandrasekhar (born 31 May 1964) is an Indian entrepreneur and politician currently serving as the state president of BJP Kerala. He is a former junior minister, Minister of State for the Ministry of Electronics and Information Technolo ...

have informed that the Central government is currently under the process of setting up the Data Protection Board of India.

Structure

According to the section 18 of the Digital Personal Data Protection Act, 2023, the board shall consist a Chairperson. Under the

Digital Personal Data Protection Rules, 2025 Digital usually refers to something using discrete digits, often binary digits. Businesses *Digital bank, a form of financial institution *Digital Equipment Corporation (DEC) or Digital, a computer company *Digital Research (DR or DRI), a software ...

, the board shall consist a Chairperson along with members who will be appointed as per the extant rules.

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

{{Privacy Data protection authorities Government agencies of India