DPDP Act 2023Chapter VI: Powers, Functions and ProcedureSection 27

    Section 27 — DPDP Act, 2023

    Powers and Functions of the Board

    Chapter VI: Powers, Functions and ProcedureDownload full Act PDF

    Statutory Text

    (1) The Board shall have the power—
    (a) to call for any information, document, record or data from a Data Fiduciary or any intermediary;
    (b) to conduct a preliminary inquiry;
    (c) to direct a Data Fiduciary or any intermediary to take such measures as it considers necessary;
    (d) to impose penalties as specified in the Schedule.
    
    (2) The Board shall exercise its powers and discharge its functions in accordance with the provisions of this Act.

    Source: Digital Personal Data Protection Act, 2023. Official text available at truconsent.io/resources/dpdp-act.pdf.

    What This Means

    Section 27 gives the Board four core powers: information demands, inquiry, remedial directions, and penalties. The information demand power (Section 27(1)(a)) is significant — the Board can compel any Data Fiduciary to produce documents, data, and records as part of an investigation. There is no privilege against this demand. The penalty power extends to the Schedule, where the maximum fine for inadequate security safeguards is Rs 250 crore per finding.

    Examples and Instances

    Information demands: what organisations must produce

    If the Board initiates an inquiry following a Data Principal's complaint, it can demand consent records, processor contracts, breach notification logs, and any other documentation relevant to the inquiry. Failure to respond to an information demand is itself a violation that can attract separate penalty.

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