Digital Personal Data Protection Act, 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.

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Chapter 1: Preliminary

Introduction to the Act

1Short title and commencement 2Definitions 3Application of Act

Chapter 2: Obligations of Data Fiduciary

Responsibilities of those who process data

4Grounds for processing personal data 5Notice 6Consent 7Certain legitimate uses 8General obligations of Data Fiduciary 9Processing of personal data of children 10Additional obligations of Significant Data Fiduciary

Chapter 3: Rights and Duties of Data Principal

Rights of individuals and their obligations

11Right to access information about personal data 12Right to correction and erasure of personal data 13Right of grievance redressal 14Right to nominate 15Duties of Data Principal

Chapter 4: Special Provisions

Exemptions and cross-border transfer

16Processing of personal data outside India 17Exemptions

Chapter 5: Data Protection Board of India

Establishment and functions of the Board

18Establishment of Board 19Composition and qualifications for appointment of Chairperson and Members 20Salary, allowances payable to and term of office 21Disqualifications for appointment and continuation as Chairperson and Members of Board 22Resignation by Members and filling of vacancy 23Proceedings of Board 24Officers and employees of Board 25Members and officers to be public servants 26Powers of Chairperson

Chapter 6: Powers, Functions and Procedure to be Followed by Board

Powers and procedures of the Data Protection Board

27Powers and functions of Board 28Procedure to be followed by Board

Chapter 7: Appeal and Alternate Dispute Resolution

Appeals and mediation

29Appeal to Appellate Tribunal 30Orders passed by Appellate Tribunal to be executable as decree 31Alternate dispute resolution 32Voluntary undertaking

Chapter 8: Penalties and Adjudication

Penalties for non-compliance

33Penalties 34Crediting sums realised by way of penalties to Consolidated Fund of India

Chapter 9: Miscellaneous

Miscellaneous provisions

35Protection of action taken in good faith 36Power to call for information 37Power of Central Government to issue directions 38Consistency with other laws 39Bar of jurisdiction 40Power to make rules 41Laying of rules and certain notifications 42Power to amend Schedule 43Power to remove difficulties 44Amendments to certain Acts