Enforcement Architecture
The DPDPA establishes a multi-tier enforcement framework led by the Data Protection Board of India, with appeals to TDSAT and the Supreme Court.
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Adjudication Process Flow
- 1
Complaint or Suo Motu Action
A Data Principal files a complaint with the Data Protection Board, or the Board initiates proceedings on its own motion based on a reference from the Central or State Government. - 2
Inquiry by the Board
The Board conducts an inquiry into the alleged non-compliance, following principles of natural justice. It may call for information, examine evidence, and hear both parties. - 3
Determination and Penalty
Upon finding non-compliance, the Board determines the appropriate penalty (up to Rs 250 crore depending on the violation) and may issue directions for remedial action. - 4
Appeal to TDSAT
An aggrieved party may appeal the Board's order to the Telecom Disputes Settlement and Appellate Tribunal (TDSAT) within the prescribed period. - 5
Further Appeal to Supreme Court
A further appeal on a question of law arising from the TDSAT order may be filed before the Supreme Court of India.
Disclaimer: The information on this page is for educational purposes only and does not constitute legal advice or solicitation.
