Notes on Clauses

Notes on Clauses
Clause 1.—This clause seeks to provide for short title and commencement of the proposed Legislation.

Clause 2.—This clause seeks to define certain expressions occurring in the proposed Legislation.

Clause 3.—This clause relates to "Application of Act". : This clause seeks to clarify the application of the proposed Legislation about personal data.

Clause 4.—This clause relates to "Grounds for processing personal data". : This clause seeks to lay down grounds on processing of personal data in accordance with the provisions of the proposed Legislation and for a lawful purpose.

Clause 5.—This clause relates to "Notice". :This clause seeks to lay down the requirement of notice for collection or processing of personal data and description of notice.

Clause 6.—This clause relates to "Consent".: This clause seeks to expound the various aspects of consent which is necessary for processing of personal data.

Clause 7.—This clause relates to "Certain legitimate uses".: This clause seeks to expound the various aspects of certain legitimate uses which is necessary for processing of personal data.

Clause 8.—This clause relates to "General obligations of Data Fiduciary".: This clause seeks to lay down the general obligations on Data Fiduciary for processing personal data.

Clause 9.—This clause relates to "Processing of personal data of children".: This clause seeks to lay down the grounds for processing of personal data of children.

Clause 10.—This clause relates to "Additional obligations of Significant Data Fiduciary".: This clause seeks to lay down the additional obligations on Significant Data Fiduciary for processing personal data.

Clause 11.—This clause relates to "Right to access information about personal data".: This clause seeks to provide the data principal with the right to access information about personal data.

Clause 12.—This clause relates to "Right to correction and erasure of personal data".: This clause seeks to provide the data principal with a right to correct and erase his personal data.

Clause 13.—This clause relates to "Right of grievance redressal".: This clause seeks to provide the data principal with a right of grievance redressal.

Clause 14.—This clause relates to "Right to nominate".: This clause seeks to provide the data principal with a right to nominate.

Clause 15.—This clause relates to "Duties of Data Principal".: This clause seeks to lay down the duties of Data Principal for the exercise of the rights under the provisions of the proposed Legislation.

Clause 16.—This clause relates to "Processing of personal data outside India".: This clause seeks to lay down the Provisions related to processing of personal data outside India.

Clause 17.—This clause relates to "Exemptions".: This clause seeks to provide for exemption of certain provisions of the proposed Legislation and lay down the legitimate purposes for processing of personal data.

Clause 18.—This clause relates to "Establishment of Board".: This clause seeks to establish a Board to be called the Data Protection Board of India.: The Board shall consist of a Chairperson and such number of Members as the Central Government may notify.

Clause 19.—This clause relates to "Composition and qualifications for appointment of Chairperson and Members".: This clause seeks to list out the composition and qualifications for appointment of Chairperson and Members of the Board.

Clause 20.—This clause relates to "Salary, allowances payable to and term of office".: This clause seeks to list out the salary, allowances and other terms and conditions of service of the Chairperson and other Members of the Board.

Clause 21.—This clause relates to "Disqualifications for appointment and continuation as Chairperson and Members of Board".: This clause seeks to list out the disqualifications for appointment and continuation as Chairperson and Members of Board.

Clause 22.—This clause relates to "Resignation by Members and filling of vacancy".: This clause seeks to lay down the resignation by Members of Board and filling of vacancy.

Clause 23.—This clause relates to "Proceedings of Board".: This clause seeks to lay down the proceedings of Board. The Board is required to follow prescribed procedures for conducting its meeting and carrying out its business, including the use of digital means.

Clause 24.—This clause relates to "Officers and employees of Board".: This clause seeks to empower the Board to appoint officers and employees of Board for the effective execution of the functions under the proposed Legislation.

Clause 25.—This clause relates to "Members and officers to be public servants".: This clause seeks to deem Members and officers of the Board, while carrying out their duties in accordance with the provisions of the proposed Legislation, to be public servants as defined in section 21 of the Indian Penal Code.

Clause 26.—This clause relates to "Powers of Chairperson".: This clause seeks to provide the powers to be exercised by the Chairperson for the efficient administration of the Board.

Clause 27.—This clause relates to "powers and functions of Board".: This clause seeks to list the powers and functions of the Data Protection Board of India. The Board has the power to take prompt action in response to personal data breaches, investigate complaints, and impose penalties. Additionally, the Board can issues directions
to ensure compliance and has the authority to modify or cancel its directions based on representations or references. Through these powers and functions, the Board aims to
safeguard the rights and interests of Data Principals and maintain the integrity of personal data processing activities.

Clause 28.—This clause relates to "Procedure to be followed by Board". This clause seeks to lay down the procedures to be followed by the Board pursuant to
an inquiry.

Clause 29.—This clause relates to "Appeal to Appellate Tribunal".: This clause seeks to provide for appeal to the Telecom Disputes Settlement and Appellate Tribunal against any order of the Board.

Clause 30.—This clause relates to "Orders passed by Appellate Tribunal to be executable as decree".: This clause seeks to lay down to provide that the Appellate Tribunal shall have all the powers of civil court.

Clause 31.—This clause relates to "Alternate dispute resolution".: This clause seeks to lay down the alternate dispute resolution of the dispute through
such mediation as the Board may deem appropriate.

Clause 32.—This clause relates to "voluntary undertaking".: This clause seeks to lay down the voluntary undertaking in respect of any matter related to observance to the provisions of the proposed Legislation from any person at any stage of a proceeding under clause 28 of the proposed Legislation.

Clause 33.—This clause relates to "Penalties". This clause seeks to provide monetary penalties by Data Protection Board.

Clause 34.—This clause relates to "Crediting sums realised by way of penalties to
Consolidated Fund of India". This clause seeks to lay down the crediting sums realised by way of penalties to Consolidated Fund of India.

Clause 35.—This clause relates to "Protection of action taken in good faith". This clause seeks to protect the Central Government, the Board, its Chairperson and any Member, officer or employee in case of action done under the proposed Legislation in good faith.

Clause 36.—This clause relates to "Power to call for information". This clause seeks to empower the Board to call for information from any Data Fiduciary.

Clause 37.—This clause relates to "Power of Central Government to issue directions". This clause seeks to empower the Central Government to issue directions to the Board.

Clause 38.—This clause relates to "Consistency with other laws". This clause seeks to provide for the overriding effect of this Legislation notwithstanding anything inconsistent with any other law.

Clause 39.—This clause relates to "Bar of jurisdiction". This clause seeks to lay down that no civil court shall have jurisdiction to entertain any suit on any matter which falls within the ambit of the Board.

Clause 40.-—This clause relates to "Power to make rules". This clause seeks to empower the Central Government to make rules to carry out the purposes of the proposed Legislation.

Clause 41.—This clause relates to "Laying of rules and certain notifications". This clause seeks to require that rules and regulations made under the Legislation are to be laid before the Parliament.

Clause 42.—This clause relates to "Power to amend Schedule". This clause seeks to empower the Central Government to amend the Schedule to carry out the provisions of the proposed Legislation.

Clause 43.—This clause relates to "Power to remove difficulties". This clause seeks to empower the Central Government to issue an order for removal of any difficulty arises while during implementation of the proposed Legislation.

Clause 44.—This clause relates to "Amendments to certain Acts". This clause seeks to provide for related amendments to the Information Technology Act, 2000, the Telecom Regulatory Authority of India Act, 1997 and the Right to Information Act, 2005.