LIJDLR

THE DATA PROTECTION BOARD OF INDIA: AN ANALYSIS OF ITS INDEPENDENCE, ADJUDICATORY POWERS, AND THE ABSENCE OF JUDICIAL MEMBERS

Aalya Hussain, LL.M, Student at Faculty of Legal Studies, Usha Martin University (India)

The Digital Personal Data Protection Act, 2023 (DPDP Act), marks a watershed moment in India’s journey towards establishing a comprehensive data protection framework. Central to this legislative architecture is the Data Protection Board of India (DPB), a body vested with significant adjudicatory powers, including the authority to impose penalties up to 250 crore. This paper offers a critical analysis of the statutory and functional independence of the DPB and concludes that the DPB’s design, which involves executive-dominated appointments, the lack of judicial members, and insufficient institutional protection, raises serious constitutional issues. Through a comparative analysis with the Competition Commission of India (CCI) and the Securities and Exchange Board of India (SEBI), this paper demonstrates that the DPB’s institutional architecture falls short of the independence standards necessary for a body adjudicating matter touching upon the fundamental right to privacy under Article 21. The paper further analyzes the DPDP Rules, 2025, particularly the “digital office” concept, and assesses its implications for adjudicatory fairness. It concludes with recommendations for structural reforms to align the DPB with constitutional mandates and global best practices.

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Research Paper LawFoyer International Journal of Doctrinal Legal Research (LIJDLR), Volume 4, Issue 2, Page 272–290.
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