India DPDPA: Article 21 – Disqualifications for appointment and continuation as Chairperson and Members of the Board
21. Disqualifications for appointment and continuation as Chairperson and Members of the Board
(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
(e) has so abused her position as to render her continuance in office prejudicial to the public interest.
(2) The Chairperson or Member shall not be removed from her office by the Central Government unless she has been given an opportunity of being heard in the matter.
What Article 21 Means for Your Business
Article 21 specifies the grounds on which a person may not be appointed to or continue to serve on the Data Protection Board. These provisions are designed to ensure the integrity and independence of the regulatory body.
- Board Members cannot have conflicts of interest with the entities they regulate, this is relevant when assessing the likelihood of impartial treatment in enforcement proceedings involving your organisation.
- If your organisation is ever a party to Board proceedings, you are entitled to raise legitimate questions about the impartiality of the decision-maker where a relevant disqualification ground exists.