India DPDPA: Article 36 – Power to call for information
36. Power to call for information
The Central Government may, for the purposes of this Act, require the Board and any Data Fiduciary or intermediary to furnish such information as it may call for.
What Article 36 Means for Your Business
Article 36 gives the Central Government the power to call for information from the Data Protection Board about its performance and functioning. This oversight mechanism ensures the Board remains accountable to the executive.
- Government oversight of the Board may result in policy-driven shifts in enforcement priorities, monitor official statements and MeitY communications for signals about areas of regulatory focus.
- This provision reinforces that the Board operates within a broader policy framework determined by the Central Government, expect enforcement priorities to align with government digital and data strategy.
Frequently Asked Questions about Article 36
+ What is the purpose of Article 36?
Article 36 allows the Central Government to request information from relevant entities to ensure compliance with the DPDP Act.
+ Who must provide information under this article?
Data Fiduciaries, intermediaries, and the Data Protection Board may be required to provide information when requested.
+ What kind of information can be requested?
Any information relevant to data processing, compliance, or enforcement under the Act may be requested.
+ What happens if a business fails to provide information?
Failure to comply may result in penalties or further legal action under the DPDP Act.
+ Why is this important for businesses?
It highlights the need for proper documentation and readiness to respond to regulatory requests.