Chapter VI: Powers, Functions and Procedure to be Followed by Board

Section 27: Powers and functions of Board

←Sec. 26Sec. 28→

Simple Explanation

Section 27 is the core operational provision empowering the Board: 1. Breach Response: On receiving intimation of a data breach, the Board can: - Direct urgent remedial or mitigation measures - Inquire into the breach - Impose penalties 2. Complaint Handling: The Board can inquire into: - Data Principal complaints about data breaches or fiduciary obligations - References from Central or State Governments - Court directions 3. Consent Manager Oversight: The Board can investigate breaches by Consent Managers and breaches of their registration conditions. 4. Direction Powers: After giving a hearing, the Board can issue necessary directions that the concerned person must follow. 5. Modification Powers: The Board can modify, suspend, withdraw, or cancel its own directions. 6. Intermediary Oversight: The Board can investigate breaches by intermediaries under Section 37.

Key Points

  • ✓Can direct urgent measures for data breaches
  • ✓Inquires into complaints from Data Principals and governments
  • ✓Oversees Consent Manager compliance
  • ✓Can issue binding directions after hearing
  • ✓Can modify, suspend, or cancel its own directions

Official Text (Summary)

The Board can: direct urgent remedial measures and inquire into personal data breaches; inquire into complaints by Data Principals or references by governments; inquire into Consent Manager breaches; issue directions after giving a hearing; modify, suspend, or cancel directions; and impose penalties.

Source: The Digital Personal Data Protection Act, 2023 (No. 22 of 2023), Ministry of Law and Justice.

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More Sections in Chapter VI

Sec. 27Sec. 28

All Chapters

I. PreliminaryII. Obligations of Data FiduciaryIII. Rights and Duties of Data PrincipalIV. Special ProvisionsV. Data Protection Board of IndiaVI. Powers, Functions and Procedure to be Followed by BoardVII. Appeal and Alternate Dispute ResolutionVIII. Penalties and AdjudicationIX. Miscellaneous

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