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Strengthening Compliance & Governance: Mapping DPDP Act 2023 Chapter 6

Kiron Mullick ~ Modified: August 16th, 2024 ~ Data Privacy ~ 4 Minutes Reading

Chapter 6 of the Digital Personal Data Protection (DPDP) Act 2023 outlines the powers, functions, and procedures to be followed by the Data Protection Board. This chapter is crucial for organizations to ensure robust data governance, compliance, and risk management. This article explores how organizations can map their needs to the specific clauses of Chapter 6 of the DPDP Act 2023.

1. Handling Personal Data Breaches

Relevant Clauses: Clause 27(1)(a)
Organizational Need: To establish a clear and efficient response mechanism for personal data breaches.

Mapping to DPDP Act:

  • Clause 27(1)(a): The Board directs urgent remedial or mitigation measures in the event of a personal data breach and conducts inquiries to impose penalties.

Action Steps:

  1. Incident Response Plan: Develop and implement a detailed incident response plan to manage data breaches promptly.
  2. Communication Protocols: Establish clear communication protocols to inform the Board about breaches and cooperate during inquiries.
  3. Mitigation Strategies: Implement immediate and effective mitigation strategies to minimize the impact of data breaches.

2. Addressing Complaints from Data Principals

Relevant Clauses: Clause 27(1)(b-c)
Organizational Need: To provide a transparent and accessible mechanism for data principals to lodge complaints regarding personal data breaches or consent management issues.

Mapping to DPDP Act:

  • Clause 27(1)(b): The Board inquires into complaints regarding personal data breaches or fiduciary obligations and imposes penalties.
  • Clause 27(1)(c): The Board inquires into complaints regarding breaches by Consent Managers.

Action Steps:

  1. Complaint Handling Mechanism: Establish a user-friendly system for data principals to file complaints.
  2. Compliance Checks: Regularly audit data handling practices to ensure compliance with fiduciary obligations.
  3. Training Programs: Conduct training programs for employees on data protection rights and obligations.

3. Ensuring Compliance of Consent Managers

Relevant Clauses: Clause 27(1)(d)
Organizational Need: To monitor and ensure that Consent Managers adhere to the conditions of their registration.

Mapping to DPDP Act:

  • Clause 27(1)(d): The Board inquires into breaches of registration conditions by Consent Managers and imposes penalties.

Action Steps:

  1. Regular Audits: Perform regular audits of Consent Managers to verify compliance with registration conditions.
  2. Compliance Framework: Develop a compliance framework that Consent Managers must follow.
  3. Reporting Mechanisms: Establish mechanisms for reporting breaches to the Board.

4. Compliance with Directions and Modifications

  • Relevant Clauses: Clause 27(2-3)
  • Organizational Need: To adhere to directions issued by the Board and manage modifications, suspensions, or cancellations of such directions.

Mapping to DPDP Act:

  • Clause 27(2): The Board can issue directions for effective function discharge, which must be complied with.
  • Clause 27(3): The Board can modify, suspend, withdraw, or cancel directions based on representations or references.

Action Steps:

  1. Compliance Monitoring: Monitor compliance with directions issued by the Board and document actions taken.
  2. Legal Representation: Engage legal counsel to manage representations and references to the Board.
  3. Record-Keeping: Maintain detailed records of all directions, modifications, and compliance actions.

5. Independent Functioning and Digital Operations

  • Relevant Clauses: Clause 28(1)
  • Organizational Need: To ensure that data protection processes are independent, digital, and aligned with techno-legal standards.

Mapping to DPDP Act:

  • Clause 28(1): The Board functions independently and digitally, adopting prescribed techno-legal measures.

Action Steps:

  1. Digital Tools: Invest in digital tools for managing complaints, hearings, and decisions.
  2. Independence: Ensure that data protection operations are independent of undue influence.
  3. Techno-Legal Compliance: Adhere to prescribed techno-legal standards in all data protection processes.

6. Inquiry and Investigation Powers

  • Relevant Clauses: Clause 28(3-11)
  • Organizational Need: To understand the inquiry and investigation powers of the Board and ensure organizational readiness.

Mapping to DPDP Act:

  • Clause 28(3-11): The Board has the power to conduct inquiries, following principles of natural justice and civil court powers.

Action Steps:

  1. Inquiry Readiness: Prepare for potential inquiries by maintaining organized and accessible records.
  2. Legal Preparedness: Be prepared to respond to Board inquiries with legal support.
  3. Compliance Checks: Conduct regular compliance checks to identify and address potential issues proactively.

7. Addressing False or Frivolous Complaints

Relevant Clauses: Clause 28(12)
Organizational Need: To manage false or frivolous complaints effectively and minimize their impact.

Mapping to DPDP Act:

  • Clause 28(12): The Board can issue warnings or impose costs for false or frivolous complaints.

Action Steps:

  1. Complaint Screening: Implement a robust screening process to identify potentially false or frivolous complaints early.
  2. Documentation: Keep detailed documentation of all complaints and investigations to support the identification of false claims.
  3. Communication: Communicate the consequences of filing false or frivolous complaints to all stakeholders.

Also Read: Chapter 5 DPDP Act 2023