DPDP Act 2023Chapter VI: Powers, Functions and ProcedureSection 28

    Section 28 — DPDP Act, 2023

    Procedure to be Followed by the Board

    Chapter VI: Powers, Functions and ProcedureDownload full Act PDF

    Statutory Text

    (1) The Board shall adopt a digital-by-default approach to its proceedings.
    
    (2) In conducting an inquiry, the Board shall—
    (a) give reasonable opportunity of being heard to the Data Fiduciary;
    (b) consider the response of the Data Fiduciary;
    (c) follow such procedure as may be prescribed.
    
    (3) The Board shall endeavour to dispose of a matter within the prescribed period from the date of filing.

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

    What This Means

    Section 28 establishes the Board's digital-first operating model. Proceedings are conducted online — there is no requirement to appear in person unless the Board specifically requires it. The Data Fiduciary has a right to be heard and to submit a response before any penalty is imposed. The Board must attempt to resolve matters within a prescribed period (set by Rule 19 at six months with extension justification required).

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