India DPDPA: Article 19 – Composition and Qualifications for Appointment of Chairperson and Members
19. Composition and Qualifications for Appointment of Chairperson and Members
(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.
What Article 19 Means for Your Business
Article 19 prescribes the composition of the Data Protection Board and the qualifications required for its Chairperson and Members. While primarily of structural importance, this Article reflects the legislature’s intent for the Board to have expertise in law, technology, and data governance.
- The Board is composed of a Chairperson and such number of Members as the Central Government prescribes, the size and composition may evolve as the Board’s caseload grows.
- Members must have expertise in data protection, information technology, law, or related fields, this signals that the Board is intended to apply substantive regulatory judgement rather than simply administrative process.
- The qualification requirements for Board Members provide an indication of the standards against which compliance decisions will be assessed.