India DPDPA: Article 37 – Power of Central Government to issue directions
37. Power of Central Government to issue directions
(1) The Central Government or any of its officers specially authorised by it in this behalf may, upon receipt of a reference in writing from the Board that—
(a) intimates the imposition of monetary penalty by the Board on a Data Fiduciary in two or more instances; and(b) advises, in the interests of the general public, the blocking for access by the public to any information generated, transmitted, received, stored or hosted, in any computer resource that enables such Data Fiduciary to carry on any activity relating to offering of goods or services to Data Principals within the territory of India,
after giving an opportunity of being heard to that Data Fiduciary, on being satisfied that it is necessary or expedient so to do, in the interests of the general public, for reasons to be recorded in writing, by order,
direct any agency of the Central Government or any intermediary to block for access by the public or cause to be blocked for access by the public any such information.
(2) Every intermediary who receives a direction issued under sub-section (1) shall be bound to comply with the same.
(3) For the purposes of this section, the expressions “computer resource”, “information” and “intermediary” shall have the meanings respectively assigned to them in the Information Technology Act, 2000.
What Article 37 Means for Your Business
Article 37 allows the Central Government to issue binding directions to the Data Protection Board on matters of policy. This means the regulatory environment can shift based on government priorities without requiring amendment to the Act itself.
- Policy directions from the Central Government are binding on the Board, this creates a channel through which enforcement focus can be shaped by executive priorities.
- Businesses operating in sectors of strategic national interest (fintech, healthcare, AI, telecommunications) should be particularly alert to government directions that may result in heightened scrutiny.
- Monitor MeitY and Cabinet Secretariat communications for directions that may affect how the Board exercises its powers in areas relevant to your business.