RULE 19 – Techno Legal measures to be adopted by Board
[U/s 28(1)]
| No | Description |
| (1) | The Board,- |
| (a)shall adopt techno-legal measures in its functioning as a digital office and | |
| (b) Without prejudice to its power to summon and enforce the attendance of any person and examine her on oath, may adopt suitable techno-legal measures that donot necessitate personal presence to secure the right of being heard or to tender evidence | |
| (2) | The techno-legal measures adopted by the Board may include measures to enable- |
| (a)Data Principals to make a complaint to the Board, using such means and following such procedure as the Board may publish on its website and app | |
| (b)Data Fiduciaries to give intimation of personal data breach using a personal data breach intimation artifact that is consistent with such technical specifications as the Board may publish on its website; and | |
| (c)the parties to a dispute to attempt its resolution by mediation by a conciliator of such online dispute resolution Institution as the parties may mutually agree upon, through the online dispute resolution portal | |
| 3 | In this rule, the expression- |
| (a)”Online Dispute Resolution Institution” shall mean an institution empanelled as such under the master circular for online dispute resolution issued by securities and exchange board of India; and | |
| (b)”Online dispute resolution portal” shall mean the portal so named in the said Master circular. |
Compliance Checklist — Rule 19 (Techno-Legal Measures)
- Board operates as a digital office with appropriate techno-legal systems
- Processes are in place to handle proceedings without requiring physical presence
- Mechanism exists for Data Principals to file complaints online
- System supports submission of personal data breach notifications digitally
- Online dispute resolution mechanisms are available and accessible
- Technical systems comply with standards published by the Board
- Proper documentation and audit trail of digital processes is maintained