The upcoming Digital Personal Data Protection (DPDP) rules, designed to guide the formation and functioning of India’s Data Protection Board (DPB), will play a critical role in the country’s data governance framework. Set to be established under the DPDP Act of 2023, the DPB is expected to be central in ensuring the protection of personal data and the privacy of individuals.
As the DPB prepares to take shape, it will need to work in close cooperation with sectoral regulators, including the Reserve Bank of India (RBI) and the Telecom Regulatory Authority of India, to address various data-related matters. The forthcoming DPDP rules will outline the procedures for appointing the DPB’s members and chairperson, ensuring they align with best practices followed by global and domestic regulators.
Selection Committee and Composition of the Board
A proposal has been made for the selection committee of the DPB to include a mix of judiciary, executive, and legislative representatives. This structure is intended to bring diverse perspectives to the board’s constitution, ensuring its effectiveness and accountability.
The committee could potentially comprise retired or sitting Supreme Court judges, practicing lawyers, the opposition party leader, the chairperson of the Parliamentary Standing Committee on Information Technology, other relevant standing committee chairpersons, and members elected from both houses of Parliament. Additionally, secretaries from the Ministry of Electronics and Information Technology and the Department of Legal Affairs, along with representatives from academic, civil society, and business sectors, could be nominated by the President of India.
Expanding the Board’s Scope
While the DPDP Act outlines the qualifications for the board’s members, proposals suggest that the board be expanded to include both full-time and part-time members. Full-time members would ideally bring expertise in areas such as law, technology, cybersecurity, and socio-economic issues. The inclusion of part-time members, as seen in other jurisdictions like Japan and South Africa, would allow the board to tap into a broad pool of expertise for specific short-term needs.
Staffing and Organizational Structure
To enhance its capacity, the DPB is expected to adopt a tiered organizational structure. This model, which draws inspiration from practices in Brazil, Japan, and South Africa, would clarify the board’s functions and responsibilities. The proposed structure would include advisory expert councils, as well as research wings to support the board’s work. In terms of staffing, the DPB could take inspiration from competitive public examination systems used in Italy to recruit qualified personnel.
Moreover, a consumer dispute redress wing might be established to address unresolved complaints related to data protection, ensuring individuals have a clear avenue for seeking resolutions.
As India moves forward with its digital data protection initiatives, the establishment of a well-structured and effective DPB is expected to significantly strengthen the country’s data governance system.
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