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

Section 28: Procedure to be followed by Board

←Sec. 27: Powers and functions of BoardSec. 27 Sec. 29: Appeal to Appellate TribunalSec. 29→

Simple Explanation

Section 28 lays down how the Board conducts its proceedings: 1. Independence: The Board functions independently and as a digital office by design. 2. Digital by Design: Receipt of complaints, hearings, and decisions are conducted digitally. 3. Grounds Assessment: The Board first decides if there are sufficient grounds to proceed. 4. Closure: If grounds are insufficient, proceedings are closed with recorded reasons. 5. Natural Justice: Inquiries follow principles of natural justice (fair hearing, no bias). 6. Civil Court Powers: The Board has powers similar to a civil court for: - Summoning and examining persons on oath - Receiving evidence on affidavit - Requiring document discovery and production - Inspecting data, books, and records 7. Interim Orders: Can issue interim orders during inquiries. 8. Limitation: Cannot seize equipment that would disrupt normal business operations. 9. Assistance: Can request help from police or government officers.

Key Points

✓Functions as an independent digital office
✓Assesses whether sufficient grounds exist to proceed
✓Follows principles of natural justice
✓Has civil court-like powers for evidence and summons
✓Can issue interim orders
✓Cannot seize equipment disrupting day-to-day operations
✓Can seek police or government assistance

Official Text (Summary)

The Board shall function independently and as a digital office. It determines whether there are sufficient grounds to proceed, records reasons for closing or continuing inquiries, conducts inquiries following natural justice principles, has civil court powers for summoning, evidence, and document discovery, and can issue interim orders. It shall not take custody of equipment affecting day-to-day functioning and may seek police or government assistance.

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

More Sections in Chapter VI

Sec. 27 Sec. 28

All Chapters

I. Preliminary II. Obligations of Data Fiduciary III. Rights and Duties of Data Principal IV. Special Provisions V. Data Protection Board of India VI. Powers, Functions and Procedure to be Followed by Board VII. Appeal and Alternate Dispute Resolution VIII. Penalties and Adjudication IX. Miscellaneous

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