DPDPA Rules-The Data Protection Board of India

Chapter V of the DPDPA 2023 provides the legal provisions related to the constituion of the DPB of India which will be the supervisory body for DPDPA 2023.

Now the draft rules issued has indicated the process for selection of the Chairperson and the members of the Board.

The draft notification is yet to indicate the number of the members to be appointed in the DPBI but indicated that two Search-Cum-Selection Committees will be constituted one for the selection of the Chairperson and the other for the members. The Central Government (meaning the Meity) will approve the selection.

The Search cum Selection Committee for selection of Chairman will consist of

1.Cabinet Secretary who shall be the Chairman

2. Two experts of repute who possess special knowledge or practical experience in the fields of data governance, administration or implementation of laws related to social or consumer protection, dispute resolution, information and communication technology, digital economy, law, regulation or techno-regulation or in any other field which in the opinion of the Central Government may be useful to the Board

3.Secretary to the Government of India in the department of legal affairs

4. Secretary to the Government of India in the Ministry of Electronics and Information Technology who shall be the convener

Similarly, the Search Cum Selection Committee for selecting the members of the Board will consist of

1.Secretary to the Government of India in the Ministry of Electronics and Information Technology, who shall be the Chairperson;

2.two experts of repute, who possess special knowledge or practical experience in the fields of data governance, administration or implementation of laws related to social or consumer protection, dispute resolution, information and communication technology, digital economy, law, regulation or techno-regulation or in any other field which in the opinion of the Central Government may be useful to the Board

3.Secretary to the Government of India in the Department of Legal affairs and

4.The Chairperson

This indicates that the members of the Board will be chosen only after the Chairman is chosen, appointed and takes charge. However there is a provision that this committee can work without the Chairman in the period when he/she has not been appointed/joined.

If the Government insists that the draft rules will be kept for public comments for 45 days and notified only there after, the search cum selection committee can only start its function after the notification which is around 2 months from date. There after the search committee needs to have at least two or three meetings before selection which needs to be approved by the Government.

The search, selection and appointment of members may have to start after the Chairman is in place and may take further time unless the Government decides to proceed with the selection of the members even before the first search committee completes its search and the Chairman joins duty.

Hence there is a need for MeitY to work in the background so that the constitution of the DPBI may be speeded up.

The salary and allowances of the Chairman and the Members are also indicated in the rules as Rs 4.5 lakhs per month for the Chairman and Rs 4.0 lakhs per month for the members along with the other facilities as applicable to the Government employees of the relevant grade.

Let us look forward to an early completion of the process so that further notification of operating rules may be completed without further delay.

Naavi