Chapter 8 of the Digital Personal Data Protection Act 2023 is titled Penalties and Adjudication
The purpose of Chapter 8 is to outline the penalties and adjudication processes related to violations of the Act. It establishes the framework for imposing penalties for breaches, the allocation of penalty sums, protections for actions taken in good faith, and the powers of the government to request information and issue directives in specific circumstances. This chapter plays a crucial role in enforcing the Act and ensuring compliance with its provisions.
Section 33 – Penalties: This section establishes the authority of the Data Protection Board of India to impose monetary penalties for significant breaches of the Act’s provisions. The factors considered in determining the penalty amount include the nature, gravity, and duration of the breach, the type of personal data affected, and the action taken to mitigate the breach.
Section 34 – Crediting Sums Realised by Way of Penalties to the Consolidated Fund of India: This section specifies that all sums collected from penalties imposed by the Board under the Act are to be credited to the Consolidated Fund of India.