POWERS, FUNCTIONS AND PROCEDURE TO BE FOLLOWED BY BOARD
27: Powers and functions of Board.
(1) The Board shall exercise and perform the following powers and functions,
(a) on receipt of an intimation of personal data breach under sub-section
(6) of section 8, to direct any urgent remedial or mitigation measures in
the event of a personal data breach, and to inquire into such personal data
breach and impose penalty as provided in this Act;
(b) on a complaint made by a Data Principal in respect of a personal data
breach or a breach in observance by a Data Fiduciary of its obligations in
relation to her personal data or the exercise of her rights under the
provisions of this Act, or on a reference made to it by the Central
Government or a State Government, or in compliance of the directions of any
court, to inquire into such breach and impose penalty as provided in this
(c) on a complaint made by a Data Principal in respect of a breach in
observance by a Consent Manager of its obligations in relation to her
personal data, to inquire into such breach and impose penalty as provided in
(d) on receipt of an intimation of breach of any condition of registration
of a Consent Manager, to inquire into such breach and impose penalty as
provided in this Act; and
(e) on a reference made by the Central Government in respect of the breach
in observance of the provisions of sub-section (2) of section 36 (?) (ed:
Should be 37)by an
intermediary, to inquire into such breach and impose penalty as provided in
(2) The Board may, for the effective discharge of its functions under the
provisions of this Act, after giving the person concerned an opportunity of
being heard and after recording reasons in writing, issue such directions as
it may consider necessary to such person, who shall be bound to comply with
(3) The Board may, on a representation made to it by a person affected by a direction issued under sub-section (1) or sub-section (2), or on a reference made by the Central Government, modify, suspend, withdraw or cancel such direction and, while doing so, impose such conditions as it may deem fit, subject to which the modification, suspension, withdrawal or cancellation shall have effect.
28: Procedure to be followed by Board.
(1) The Board shall function as an independent body and shall, as far as
practicable, function as a digital office, with the receipt of complaints
and the allocation, hearing and pronouncement of decisions in respect of the
same being digital by design, and adopt such techno-legal measures as may be
(2) The Board may, on receipt of an intimation or complaint or reference or
directions as referred to in sub-section (1) of section 27, take action in
accordance with the provisions of this Act and the rules made thereunder.
(3) The Board shall determine whether there are sufficient grounds to
proceed with an inquiry.
(4) In case the Board determines that there are insufficient grounds, it
may, for reasons to be recorded in writing, close the proceedings.
(5) In case the Board determines that there are sufficient grounds to
proceed with inquiry, it may, for reasons to be recorded in writing, inquire
into the affairs of any person for ascertaining whether such person is
complying with or has complied with the provisions of this Act.
(6) The Board shall conduct such inquiry following the principles of natural
justice and shall record reasons for its actions during the course of such
(7) For the purposes of discharging its functions under this Act, the Board
shall have the same powers as are vested in a civil court under the Code of
Civil Procedure, 1908, in respect of matters relating to—
(a) summoning and enforcing the attendance of any person and examining her
(b) receiving evidence of affidavit requiring the discovery and production of documents;
(c) inspecting any data, book, document, register, books of account or any other document; and
(d) such other matters as may be prescribed.
(8) The Board or its officers shall not prevent access to any premises or
take into custody any equipment or any item that may adversely affect the
day-to-day functioning of a person.
(9) The Board may require the services of any police officer or any officer
of the Central Government or a State Government to assist it for the
purposes of this section and it shall be the duty of every such officer to
comply with such requisition.
(10) During the course of the inquiry, if the Board considers it necessary,
it may for reasons to be recorded in writing, issue interim orders after
giving the person concerned an opportunity of being heard.
(11) On completion of the inquiry and after giving the person concerned an
opportunity of being heard, the Board may for reasons to be recorded in
writing, either close the proceedings or proceed in accordance with section
(12) At any stage after receipt of a complaint, if the Board is of the opinion that the complaint is false or frivolous, it may issue a warning or impose costs on the complainant.