India DPDPA: Article 26 – Powers of the Chairperson
26. Powers of the Chairperson
26. The Chairperson shall exercise the following powers, namely:—
(a) general superintendence and giving direction in respect of all administrative matters of the Board; (b) authorise any officer of the Board to scrutinise any intimation, complaint, reference or correspondence addressed to the Board; and(c) authorise performance of any of the functions of the Board and conduct any of its proceedings, by an individual Member or groups of Members and to allocateproceedings among them.
What Article 26 Means for Your Business
Article 26 vests administrative and operational powers in the Chairperson of the Data Protection Board. These powers govern the internal management of the Board and the assignment of matters to Members.
- The Chairperson has the power to distribute cases among Members, this may affect which Member handles a particular inquiry involving your organisation.
- The Chairperson’s administrative decisions may be subject to review, understand the available avenues if you believe a procedural irregularity has affected proceedings involving your organisation.
Frequently Asked Questions about Article 26
+ What does Article 26 of the DPDP Act cover?
Article 26 outlines the powers and responsibilities of the Chairperson of the Data Protection Board of India.
+ What powers does the Chairperson have?
The Chairperson has administrative control over the Board, can allocate cases, authorize officers, and oversee proceedings.
+ Can the Chairperson assign cases to Members?
Yes. The Chairperson can assign cases to individual Members or groups of Members for efficient handling of matters.
+ Do officers play a role under the Chairperson?
Yes. The Chairperson may authorize officers of the Board to examine complaints, communications, and related matters.
+ Why is Article 26 important for businesses?
It ensures efficient leadership and coordination within the Board, leading to faster, more organized handling of regulatory actions affecting businesses.