Code: Section 23
(1) The Board shall observe such procedure in regard to the holding of and
transaction of business at its meetings, including by digital means, and authenticate its
orders, directions and instruments in such manner as may be prescribed.
(2) No act or proceeding of the Board shall be invalid merely by reason of—
(a) any vacancy in or any defect in the constitution of the Board;
(b) any defect in the appointment of a person acting as the Chairperson or other
Member of the Board; or
(c) any irregularity in the procedure of the Board, which does not affect the
merits of the case.
(3) When the Chairperson is unable to discharge her functions owing to absence,
illness or any other cause, the senior-most Member shall discharge the functions of the
Chairperson until the date on which the Chairperson resumes her duties.
Explanation of Section 23 DPDP
Section 23 of the Digital Personal Data Protection Act, 2023 sets out the framework for how the Data Protection Board of India is to conduct its meetings and manage its proceedings. It also provides legal safeguards to ensure that the Board’s work is not interrupted by administrative or procedural issues.
Key Provisions:
- The Board may conduct its meetings in a prescribed manner, including through digital means such as video conferencing.
- Orders, directions, and official instruments of the Board must be authenticated as per prescribed rules.
- The validity of Board proceedings is protected from being challenged due to:
- Vacancies or structural defects in the Board,
- Issues in the appointment of Members or the Chairperson,
- Minor procedural irregularities that do not affect the merits of a case.
- If the Chairperson is temporarily unable to perform duties, the senior-most Member will act in her place until she returns.
This section ensures business continuity, procedural flexibility, and institutional resilience within the Board.
Illustration
Example 1: Digital Meetings and Valid Orders
The Board conducts a virtual meeting via secure video conferencing and issues a data compliance order. Even though it wasn’t an in-person meeting, the order is valid because digital proceedings are permitted under Section 23(1).
Example 2: No Effect from Vacancies
Suppose a Member resigns, and the Board issues a ruling with one vacant seat. The decision remains valid under Section 23(2)(a), as a vacancy does not invalidate proceedings.
Example 3: Acting Chairperson
If the Chairperson takes medical leave, the senior-most Member steps in to carry out her duties until her return, ensuring smooth functioning of the Board per Section 23(3).
Common Questions and Answers on Section 23 DPDP
1. Can the Board hold meetings digitally?
Yes. Section 23(1) explicitly permits the Board to conduct meetings digitally, subject to the procedure prescribed by rules.
2. What happens if there is a vacancy or procedural issue?
Such issues do not invalidate the Board’s actions unless they affect the merits of a case. This is to ensure uninterrupted functioning.
3. Who acts as Chairperson if she is absent?
The senior-most Member of the Board will discharge the functions of the Chairperson until she resumes her duties.
4. How are Board orders authenticated?
Orders, directions, and instruments of the Board must be authenticated in a manner prescribed by the Central Government through rules.
Conclusion
Section 23 of the DPDP Act is a vital procedural safeguard that ensures the efficient, uninterrupted, and legally valid functioning of the Data Protection Board. By allowing digital operations and protecting against challenges due to minor procedural defects, this section strengthens the Board’s ability to fulfill its regulatory role in a modern, tech-driven environment.
For more detailed updates and analysis on the DPDP Act and data protection law in India, visit ApniLaw.
