Section 37: Power of Central Government to issue directions
Simple Explanation
Section 37 is a strong enforcement tool for repeated offenders:
• Trigger: A Data Fiduciary has been penalized by the Board TWO or more times.
• Board Recommendation: The Board advises the government that blocking access is in the public interest.
• Government Power: The Central Government can direct blocking of information generated, transmitted, received, stored, or hosted by the Data Fiduciary.
• Hearing Requirement: The Data Fiduciary must be given an opportunity to be heard.
• Intermediary Obligation: Every intermediary receiving such a direction must comply.
• Definitions: 'Computer resource,' 'information,' and 'intermediary' have the same meanings as in the IT Act, 2000.
This is a severe remedy aimed at protecting the public from habitual violators.
Key Points
- ✓Applies to Data Fiduciaries penalized two or more times
- ✓Board recommends blocking in public interest
- ✓Government can issue blocking orders after hearing
- ✓Intermediaries must comply with blocking directions
- ✓Severe remedy for repeated offenders
Official Text (Summary)
If the Board informs the Central Government that a Data Fiduciary has been penalized in two or more instances, and recommends blocking access to information in the interest of the general public, the government may, after giving a hearing, direct any agency or intermediary to block public access to such information. Every intermediary must comply with such directions.
Source: The Digital Personal Data Protection Act, 2023 (No. 22 of 2023), Ministry of Law and Justice.
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