India DPDPA: Article 22 – Resignation by Members and filling of vacancy
22. Resignation by Members and filling of vacancy
(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 resignation or removal or death of the Chairperson or any other Member, or otherwise, shall be filled by fresh appointment in accordance with the provisions of this Act.
(3) The Chairperson and any other Member shall not, for a period of one year from the date on which they cease to hold such office, except with the previous approval of the Central Government, accept any employment, and shall also disclose to the Central Government any subsequent acceptance of employment with any Data Fiduciary against whom proceedings were initiated by or before such Chairperson or other Member.
What Article 22 Means for Your Business
Article 22 sets out the process for Board Members to resign and for vacancies to be filled. The continuity of the Board’s composition is important for ongoing enforcement proceedings.
- Vacancies on the Board must be filled promptly, any gaps in Board composition should not affect the validity of proceedings already under way.
- If your organisation has an active matter before the Board and a membership change occurs, understand the rules governing continuity of proceedings in such circumstances.