26. . The Chairperson shall exercise the following powers, namely:- (a) general superintendence and giving direction in respect of all administrative matters of the Board; (b) authorise any officer of the Board to scrutinise any intimation, complaint, reference or correspondence addressed to the Board; and (c) authorise performance of any of the functions of the Board and conduct any of its proceedings, by an individual Member or groups of Members and to allocate pr... ... ...

25. . The Chairperson, Members, officers and employees of the Board shall be deemed, when acting or purporting to act in pursuance of provisions of this Act, to be public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860). =============... ... ...

24. . The Board may, with previous approval of the Central Government, appoint such officers and employees as it may deem necessary for the efficient discharge of its functions under the provisions of this Act, on such terms and conditions of appointment and service as may be prescribed. =============... ... ...

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... ... ...

22. . (1) The Chairperson or any other Member may give notice in writing to the Central Government of resigning from her office, and such resignation shall be effective from the date on which the Central Government permits her to relinquish office, or upon expiry of a period of three months from the date of receipt of such notice, or upon a duly appointed successor entering upon her office, or upon the expiry of the term of her office, whichever is earliest. (2) A vacancy caused by the res... ... ...

21. . (1) A person shall be disqualified for being appointed and continued as the Chairperson or a Member, if she- (a) has been adjudged as an insolvent; (b) has been convicted of an offence, which in the opinion of the Central Government, involves moral turpitude; (c) has become physically or mentally incapable of acting as a Member; (d) has acquired such financial or other interest, as is likely to affect prejudicially her functions as a Member; or ... ... ...

20. . (1) The salary, allowances and other terms and conditions of service of the Chairperson and other Members shall be such as may be prescribed, and shall not be varied to their disadvantage after their appointment. (2) The Chairperson and other Members shall hold office for a term of two years and shall be eligible for re-appointment. =============... ... ...

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 consum... ... ...

CHAPTER V DATA PROTECTION BOARD OF INDIA 18. . (1) With effect from such date as the Central Government may, by notification, appoint, there shall be established, for the purposes of this Act, a Board to be called the Data Protection Board of India. (2) The Board shall be a body corporate by the name aforesaid, having perpetual succession and a common seal, with power, subject to the provisions of this Act, to acquire, hold and dispose of property, both movable and immovable, and to ... ... ...

17. . (1) The provisions of Chapter II, except sub-sections (1) and (5) of section 8, and those of Chapter III and section 16 shall not apply where- (a) the processing of personal data is necessary for enforcing any legal right or claim; (b) the processing of personal data by any court or tribunal or any other body in India which is entrusted by law with the performance of any judicial or quasi-judicial or regulatory or supervisory function, where such processing is necessar... ... ...

CHAPTER IV SPECIAL PROVISIONS 16. . (1) The Central Government may, by notification, restrict the transfer of personal data by a Data Fiduciary for processing to such country or territory outside India as may be so notified. (2) Nothing contained in this section shall restrict the applicability of any law for the time being in force in India that provides for a higher degree of protection for or restriction on transfer of personal data by a Data Fiduciary outside India in relation to... ... ...

15. . A Data Principal shall perform the following duties, namely:- (a) comply with the provisions of all applicable laws for the time being in force while exercising rights under the provisions of this Act; (b) to ensure not to impersonate another person while providing her personal data for a specified purpose; (c) to ensure not to suppress any material information while providing her personal data for any document, unique identifier, proof of identity or proof of... ... ...

14. . (1) A Data Principal shall have the right to nominate, in such manner as may be prescribed, any other individual, who shall, in the event of death or incapacity of the Data Principal, exercise the rights of the Data Principal in accordance with the provisions of this Act and the rules made thereunder. (2) For the purposes of this section, the expression "incapacity" means inability to exercise the rights of the Data Principal under the provisions of this Act or the rules made thereun... ... ...

13. . (1) A Data Principal shall have the right to have readily available means of grievance redressal provided by a Data Fiduciary or Consent Manager in respect of any act or omission of such Data Fiduciary or Consent Manager regarding the performance of its obligations in relation to the personal data of such Data Principal or the exercise of her rights under the provisions of this Act and the rules made thereunder. (2) The Data Fiduciary or Consent Manager shall respond to any grievance... ... ...

12. . (1) A Data Principal shall have the right to correction, completion, updating and erasure of her personal data for the processing of which she has previously given consent, including consent as referred to in clause (a) of section 7, in accordance with any requirement or procedure under any law for the time being in force. (2) A Data Fiduciary shall, upon receiving a request for correction, completion or updating from a Data Principal,- (a) correct the inaccurate or misleadi... ... ...

CHAPTER III RIGHTS AND DUTIES OF DATA PRINCIPAL 11. . (1) The Data Principal shall have the right to obtain from the Data Fiduciary to whom she has previously given consent, including consent as referred to in clause (a) of section 7 (hereinafter referred to as the said Data Fiduciary), for processing of personal data, upon making to it a request in such manner as may be prescribed,- (a) a summary of personal data which is being processed by such Data Fiduciary and the processi... ... ...

10. . (1) The Central Government may notify any Data Fiduciary or class of Data Fiduciaries as Significant Data Fiduciary, on the basis of an assessment of such relevant factors as it may determine, including- (a) the volume and sensitivity of personal data processed; (b) risk to the rights of Data Principal; (c) potential impact on the sovereignty and integrity of India; (d) risk to electoral democracy; (e) security of the State; and (f) ... ... ...

9. . (1) The Data Fiduciary shall, before processing any personal data of a child or a person with disability who has a lawful guardian obtain verifiable consent of the parent of such child or the lawful guardian, as the case may be, in such manner as may be prescribed. Explanation.-For the purpose of this sub-section, the expression "consent of the parent" includes the consent of lawful guardian, wherever applicable. (2) A Data Fiduciary shall not undertake such processing of personal ... ... ...

8. . (1) A Data Fiduciary shall, irrespective of any agreement to the contrary or failure of a Data Principal to carry out the duties provided under this Act, be responsible for complying with the provisions of this Act and the rules made thereunder in respect of any processing undertaken by it or on its behalf by a Data Processor. (2) A Data Fiduciary may engage, appoint, use or otherwise involve a Data Processor to process personal data on its behalf for any activity related to offering ... ... ...

7. . A Data Fiduciary may process personal data of a Data Principal for any of following uses, namely:- (a) for the specified purpose for which the Data Principal has voluntarily provided her personal data to the Data Fiduciary, and in respect of which she has not indicated to the Data Fiduciary that she does not consent to the use of her personal data. Illustrations. (I) X, an individual, makes a purchase at Y, a pharmacy. She voluntarily provides Y her personal data and reque... ... ...