India DPDPA: Article 25 – Members and Officers to be public servants
25. Members and Officers to be public servants
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.
What Article 25 Means for Your Business
Article 25 classifies Board Members and officers as public servants under the Indian Penal Code. This has practical implications for how businesses interact with the Board during proceedings.
- Any attempt to obstruct, mislead, or improperly influence Board Members or staff constitutes an offence, ensure all interactions with the Board are conducted transparently and in good faith.
- Documents and information submitted to the Board must be accurate, submitting false or misleading information carries criminal liability independent of any DPDPA penalty.
Frequently Asked Questions about Article 25
+ What does Article 25 of the DPDP Act cover?
Article 25 states that the Chairperson, Members, officers, and employees of the Data Protection Board are deemed to be public servants.
+ What does it mean to be a public servant?
Being a public servant means that individuals are subject to legal obligations, accountability standards, and protections under the law while performing official duties.
+ Why are Board members classified as public servants?
This classification ensures that they act with integrity, transparency, and accountability while exercising regulatory powers.
+ Can businesses challenge actions taken by the Board?
Yes. Since Board officials are public servants, their actions must comply with the law and can be challenged if they are unlawful or abusive.
+ Why is Article 25 important for businesses?
It ensures that regulatory actions are carried out responsibly and within a legal framework, protecting businesses from arbitrary or unfair decisions.