India DPDPA: Article 35 – Protection of action taken in good faith
35. Protection of action taken in good faith
No suit, prosecution or other legal proceedings shall lie against the Central Government, the Board, its Chairperson and any Member, officer or employee thereof for anything which is done or intended to be done in good faith under the provisions of this Act or the rules made thereunder.
What Article 35 Means for Your Business
Article 35 protects Board Members, officers, and employees from legal proceedings for actions taken in good faith in the discharge of their duties under the Act. This provision is designed to ensure the Board can act decisively without fear of personal liability.
- This protection applies to individual Board Members, not to the Board as an institution, the institution remains accountable through the appellate and judicial review process.
- If you believe a Board action was taken outside the scope of the Act or in bad faith, the appropriate remedy is judicial review or appeal, not personal action against the individual Member.
Frequently Asked Questions about Article 35
+ What is meant by “good faith” in Article 35?
Good faith refers to actions taken honestly, without malicious intent, and within the scope of the law.
+ Who is protected under this article?
The Central Government, the Data Protection Board, its Chairperson, members, officers, and employees are protected.
+ Can businesses take legal action against the Board?
Legal action cannot be taken for actions done in good faith under the Act, but actions outside legal authority may still be challenged.
+ Why is this important for businesses?
It means businesses must focus on compliance rather than relying on litigation to challenge enforcement actions.