Chapter 7 of the Digital Personal Data Protection Act 2023 is titled Appeal and Alternate Dispute Resolution
This chapter outlines the framework for addressing grievances and disputes that arise under the Act. It details the procedures for appealing decisions of the Data Protection Board of India, the establishment of an appellate mechanism, and the provisions for alternate dispute resolution. This includes the timeframe for filing appeals, the role of the Appellate Tribunal, the execution of its orders, and the use of mediation for dispute resolution. The chapter ensures that there are clear, fair, and efficient processes for resolving disputes related to data protection issues.
Section 29 – Appeal to Appellate Tribunal: Describes the procedures the Board must follow, ensuring fairness and transparency in its decision-making process.
Section 30 – Orders passed by Appellate Tribunal to be executable as decree: Details the Board’s authority in issuing directions and conducting inquiries in the event of non-compliance or breaches.
Section 31 – Mediation for Dispute Resolution: This section empowers the Data Protection Board to suggest mediation as a method to resolve complaints.If the Board believes that mediation is a viable option, it can direct the parties involved in a dispute to attempt mediation. The parties can choose their mediator, or the Board can recommend one. Mediation is encouraged as a way to resolve data-related disputes before formal legal proceedings.
Section 32 – Voluntary Undertaking: This section allows the Board to accept a voluntary commitment (undertaking) from an individual or entity at any stage of a proceeding related to compliance with the Act. The voluntary undertaking can include actions to be taken or actions to be refrained from, along with timeframes. The Board can modify the terms of the voluntary undertaking with the consent of the person who provided it.