Code: Section 29
(1) Any person aggrieved by an order or direction made by the Board under this
Act may prefer an appeal before the Appellate Tribunal.
(2) Every appeal under sub-section (1) shall be filed within a period of sixty days from
the date of receipt of the order or direction appealed against and it shall be in such form and
manner and shall be accompanied by such fee as may be prescribed.
(3) The Appellate Tribunal may entertain an appeal after the expiry of the period
specified in sub-section (2), if it is satisfied that there was sufficient cause for not preferring
the appeal within that period.
(4) On receipt of an appeal under sub-section (1), the Appellate Tribunal may, after
giving the parties to the appeal, an opportunity of being heard, pass such orders thereon as
it thinks fit, confirming, modifying or setting aside the order appealed against.
(5) The Appellate Tribunal shall send a copy of every order made by it to the Board
and to the parties to the appeal.
(6) The appeal filed before the Appellate Tribunal under sub-section (1) shall be dealt
with by it as expeditiously as possible and endeavour shall be made by it to dispose of the
appeal finally within six months from the date on which the appeal is presented to it.
(7) Where any appeal under sub-section (6) could not be disposed of within the
period of six months, the Appellate Tribunal shall record its reasons in writing for not
disposing of the appeal within that period.
(8) Without prejudice to the provisions of section 14A and section 16 of the Telecom
Regulatory Authority of India Act, 1997, the Appellate Tribunal shall deal with an appeal
under this section in accordance with such procedure as may be prescribed.
(9) Where an appeal is filed against the orders of the Appellate Tribunal under this
Act, the provisions of section 18 of the Telecom Regulatory Authority of India Act, 1997
shall apply.
(10) In respect of appeals filed under the provisions of this Act, the Appellate Tribunal
shall, as far as practicable, function as a digital office, with the receipt of appeal, hearing and
pronouncement of decisions in respect of the same being digital by design.
Explanation of Section 29 DPDP
Section 29 of the Digital Personal Data Protection Act outlines the procedure for appealing against decisions made by the Data Protection Board. It specifies how individuals or entities dissatisfied with a Board’s decision can take their case to the Appellate Tribunal, which is tasked with reviewing the case and making a final ruling.
Key Aspects of the Appeal Process:
- Eligibility for Appeal:
Any person aggrieved by an order or direction made by the Board can file an appeal before the Appellate Tribunal. - Time Limit for Filing Appeals:
The appeal must be filed within 60 days from receiving the Board’s order. However, if the appellant can demonstrate sufficient cause for the delay, the Tribunal may still entertain the appeal even after the 60-day window has expired. - Expedited Process:
The Appellate Tribunal is expected to deal with the appeal as quickly as possible, aiming to dispose of it within six months. If the appeal isn’t resolved in this timeframe, the Tribunal must provide reasons for the delay. - Tribunal’s Authority:
After hearing both parties involved in the appeal, the Appellate Tribunal can either confirm, modify, or set aside the Board’s order. It is required to send a copy of its decision to both the Board and the parties involved. - Digital-First Process:
In line with the DPDP Act’s emphasis on efficiency, the Appellate Tribunal will handle appeals digitally, ensuring a faster and more streamlined process for filing, hearing, and issuing decisions. - Further Appeals:
If a person wishes to challenge the Appellate Tribunal’s decision, the appeal will be governed by the provisions of the Telecom Regulatory Authority of India Act, 1997.
Illustration
Example 1: Appealing a Data Protection Violation Fine
A company receives a penalty for violating the data protection provisions of the DPDP Act. If the company believes that the penalty is unjustified, it can file an appeal before the Appellate Tribunal within 60 days. The Tribunal will review the case, hear both sides, and issue a final decision, either confirming or reducing the penalty.
Example 2: Appeal Against the Rejection of a Data Breach Complaint
If a data subject files a complaint about a data breach but the Board dismisses it, they can appeal to the Appellate Tribunal. The Tribunal will re-examine the case, and based on the facts, it may reverse the Board’s decision and direct the data fiduciary to take corrective action.
Common Questions and Answers on Section 29 DPDP
1. What is the time limit to file an appeal under Section 29?
An appeal must be filed within 60 days from receiving the Board’s order. However, the Appellate Tribunal may entertain an appeal after this period if sufficient cause is shown.
2. What happens if the Appellate Tribunal doesn’t resolve the appeal within six months?
The Tribunal is required to record its reasons in writing if it fails to dispose of the appeal within the six-month period.
3. Can I appeal against the decision of the Appellate Tribunal?
Yes, if you wish to appeal against the Appellate Tribunal’s decision, you can do so in accordance with the Telecom Regulatory Authority of India Act, 1997.
4. How does the Appellate Tribunal handle appeals?
The Appellate Tribunal will handle appeals digitally, ensuring a streamlined and efficient process.
5. What is the procedure if my appeal is delayed beyond 60 days?
The Tribunal may still consider the appeal if you provide sufficient cause for the delay in filing within the stipulated period.
Conclusion
Section 29 of the Digital Personal Data Protection Act provides a clear and structured process for filing appeals against decisions made by the Data Protection Board. With provisions for a digital-first approach and clear timelines for resolution, this section ensures that individuals and entities have a fair avenue for challenging decisions, ultimately promoting transparency and justice in personal data protection cases.
For more details on the DPDP Act and its procedures, stay tuned to ApniLaw.
