The Ministry of Electronics and IT has drafted the due process for the appointment of members to the Data Protection Board.
businessline has learned from sources that a selection committee, comprising a Cabinet Secretary, the Secretary to the Government of India in the Department of Legal Affairs, the Secretary to the Government of India in the Ministry of Electronics and IT and two outside experts of repute in data governance, will make the selection committee, which will ultimately appoint the Data Protection Board.
The Data Protection Board of India (DPBI) is an adjudicating body which will be established under the Digital Personal Data Protection Act of 2023. While the Act, which was passed last year, established the obligations of the five-member board, which includes addressing data breaches, issue of direction and ensuring compliance of the data protection law, the selection process of the board was not formulated.
Key concern
A key concern for civil society and industry was whether the DPBI board will truly work as a body independent of the government.
Experts believe that the selection process being considered by MeitY will not necessarily ensure independence of the body.
MeitY has also indicated that the selection committee will serve as the DPBI until its five members are selected. These members will serve on the board for a tenure of two years.
According to the expenditure documents for the Union Budget 2024-25, MeitY has set aside ₹2 crore for the board for FY25, for the payment of salaries of the board members.
Even though it has been nearly a year since the Rajya Sabha passed the DPDP Act, consumers continue to await a data protection and privacy law.
MeitY is yet to release the draft DPDP rules for consultation, in accordance with which data will be regulated in India.