(NO. 22 OF 2023)
[11th August, 2023.]
An Act to provide for the processing of digital personal data in a manner that recognises both the right of individuals to protect their personal data and the need to process such personal data for lawful purposes and for matters connected therewith or incidental thereto.
BE it enacted by Parliament in the Seventy-fourth Year of the Republic of India as follows:-
CHAPTER I PRELIMINARY
1. Short title and commencement
(1) This Act may be called the Digital Personal Data Protection Act, 2023.
(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint and different dates may be appointed for different provisions of this Act and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision.
CHAPTER II OBLIGATIONS OF DATA FIDUCIARY
Section 4 Grounds for processing personal data
Section 7 Certain legitimate uses
Section 8 General obligations of Data Fiduciary
Section 9 Processing of personal data of children
Section 10 Additional obligations of Significant Data Fiduciary
CHAPTER III RIGHTS AND DUTIES OF DATA PRINCIPAL
Section 11 Right to access information about personal data
Section 12 Right to correction and erasure of personal data
Section 13 Right of grievance redressal
Section 15 Duties of Data Principal
CHAPTER IV SPECIAL PROVISIONS
Section 16 Processing of personal data outside India
CHAPTER V DATA PROTECTION BOARD OF INDIA
Section 18 Establishment of Board
Section 19 Composition and qualifications for appointment of Chairperson and Members
Section 20 Salary, allowances payable to and term of office
Section 21 Disqualifications for appointment and continuation as Chairperson and Members of Board
Section 22 Resignation by Members and filling of vacancy
Section 23 Proceedings of Board
Section 24 Officers and employees of Board
Section 25 Members and officers to be public servants
Section 26 Powers of Chairperson
CHAPTER VI POWERS, FUNCTIONS AND PROCEDURE TO BE FOLLOWED BY BOARD
Section 27 Powers and functions of Board
Section 28 Procedure to be followed by Board
CHAPTER VII APPEAL AND ALTERNATE DISPUTE RESOLUTION
Section 29 Appeal to Appellate Tribunal
Section 30 Orders passed by Appellate Tribunal to be executable as decree
Section 31 Alternate dispute resolution
Section 32 Voluntary undertaking
CHAPTER VIII PENALTIES AND ADJUDICATION
Section 34 Crediting sums realised by way of penalties to Consolidated Fund of India
CHAPTER IX MISCELLANEOUS
Section 35 Protection of action taken in good faith
Section 36 Power to call for information
Section 37 Power of Central Government to issue directions
Section 38 Consistency with other laws
Section 39 Bar of jurisdiction
Section 40 Power to make rules
Section 41 Laying of rules and certain notifications
Section 42 Power to amend Schedule
Section 43 Power to remove difficulties
Section 44 Amendments to certain Acts