Code: Section 19
(1) The Board shall consist of a Chairperson and such number of other Members
as the Central Government may notify.
(2) The Chairperson and other Members shall be appointed by the Central Government
in such manner as may be prescribed.
(3) The Chairperson and other Members shall be a person of ability, integrity and
standing who possesses special knowledge or practical experience in the fields of data
governance, administration or implementation of laws related to social or consumer
protection, dispute resolution, information and communication technology, digital economy,
law, regulation or techno-regulation, or in any other field which in the opinion of the Central
Government may be useful to the Board, and at least one among them shall be an expert in
the field of law.
Explanation of Section 19 DPDP Act
Section 19 of the Digital Personal Data Protection Act, 2023 lays down the legal structure for forming the Data Protection Board of India. It sets out the qualifications and the appointment process for the Chairperson and Members.
Key Highlights
- The Board shall have a Chairperson and other Members as determined by the Central Government.
- Appointments are to be made by the Central Government through a prescribed process.
- Members must possess expertise in fields relevant to data protection such as law, technology, governance, or digital economy.
- It is mandatory that at least one Member be an expert in the legal field.
This ensures a multi-disciplinary approach in the functioning of the Board, allowing it to handle legal, technical, and policy-related matters effectively.
Illustration
Example 1: Diverse Board Composition
The Central Government may appoint:
- A retired senior bureaucrat with experience in ICT policy,
- A data science professional from the private sector,
- A lawyer specializing in data privacy.
This ensures a well-rounded Board with expertise in law, technology, and public policy.
Example 2: Legal Expert Requirement
If the initial composition of the Board includes only technical and administrative experts, the government must appoint at least one legal expert to comply with the mandate of Section 19(3).
Common Questions and Answers on Section 19 DPDP
1. Who appoints the Chairperson and Members of the Data Protection Board?
The Central Government appoints both the Chairperson and Members.
2. How many Members can be appointed?
The number is not fixed in the Act. It is to be notified by the Central Government based on requirements.
3. What qualifications are necessary?
The Act requires Members to have experience in fields such as law, data governance, digital economy, ICT, or regulation. Integrity and ability are essential qualities.
4. Is legal expertise compulsory for all Members?
No, but at least one Member must be an expert in law.
5. Can private professionals be appointed?
Yes, individuals from the private sector can be appointed if they meet the qualifications and possess the required experience and integrity.
Conclusion
Section 19 of the DPDP Act ensures that the Data Protection Board is composed of qualified and diverse professionals. This enhances the Board’s capability to address complex challenges related to data privacy, governance, and law. The structured selection process strengthens trust and transparency in digital data regulation in India.
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