Chapter 5 of the Digital Personal Data Protection Act 2023 is titled Data Protection Board of India
This chapter outlines the establishment, composition, functions, and powers of the Data Protection Board of India. This Board is tasked with overseeing and enforcing the provisions of the Act. It details the appointment and qualifications of the Chairperson and Members, their salary and allowances, terms of office, and disqualifications. The chapter also covers the resignation and replacement process for Board members, the procedures the Board must follow in its operations, and the powers of the Chairperson. This chapter is crucial for setting up the regulatory framework and authority for data protection in India.
Section 18 – Data Protection Board of India: This section establishes the Data Protection Board of India, detailing its composition, functions, and powers.
Section 19 – Chairperson and Members of the Board: It describes the qualifications, appointment process, and roles of the Chairperson and members of the Data Protection Board.
Section 20 – Salary, allowances, and terms of office of the Board Members: This section outlines the compensation and terms of service for the Board members.
Section 21 – Disqualifications for appointment and continuation of Board Members: Specifies conditions under which members can be disqualified from their positions.
Section 22 – Resignation and vacancy: It discusses the procedure for resignation from the Board and how vacancies are to be filled.
Section 23 – Procedures of the Board: Details the procedural aspects of how the Board operates and makes decisions.
Section 24 – Officers and employees of the Board: Discusses the appointment of officers and employees to the Board and their roles.
Section 25 – Members and employees to be public servants: Designates the Board’s members and employees as public servants under the law.
Section 26 – Powers of Chairperson: Establishes the Board’s authority to handle complaints regarding data processing violations, ensuring timely and effective redressal.