Chapter 9 of the Digital Personal Data Protection Act 2023 is titled Miscellaneous
The purpose of Chapter 9 is to provide miscellaneous provisions that ensure the smooth implementation and integration of the Act with other existing laws. It includes safeguards for actions taken under the Act, empowers the government to require information and issue directions, establishes the Act’s supremacy in case of conflicting laws, and provides for the Act’s administration and amendment procedures.
Section 35 – Protection of Action Taken in Good Faith: This section provides immunity from legal proceedings for any act done in good faith under the provisions of this Act or rules made thereunder. This covers actions by the Central Government, the Data Protection Board, and its members or employees.
Section 36 – Power to Call for Information: This section empowers the Central Government to require the Board, any Data Fiduciary, or intermediary to provide information for the purposes of the Act.
Section 37 – Power of Central Government to Issue Directions: This section allows the Central Government to block public access to information in certain scenarios, particularly where a Data Fiduciary has been penalized multiple times, or in the interest of public safety.
Section 38 – Consistency with Other Laws: This section establishes that the provisions of this Act supplement, rather than replace, other laws, and in case of conflict, the provisions of this Act will prevail.
Section 39 – Bar of Jurisdiction: This section states that no civil court has jurisdiction over matters which the Board is empowered to address under this Act, preventing civil courts from issuing injunctions against actions taken under the Act.
Section 40 – Power to Make Rules: This section authorizes the Central Government to make rules to carry out the purposes of the Act, ensuring its implementation and administration.
Section 41 – Laying of Rules and Certain Notifications: This section requires that every rule or notification issued under the Act must be presented to both houses of Parliament.
Section 42 – Power to Amend Schedule: This section allows the Central Government to amend the Schedule of the Act, particularly the penalties, but with a limitation on increasing penalties to no more than twice the original amount.
Section 43 – Power to Remove Difficulties: This section allows the Central Government to make provisions for removing difficulties encountered in implementing the Act, within three years of its commencement.
Section 44 – Amendments to Certain Acts: This section includes amendments to other acts in relation to the provisions of the Digital Personal Data Protection Act 2023.