Section 23: Proceedings of Board

Section 23 sets out how the Data Protection Board of India (the Board) conducts its business and meetings. The Board must follow specific procedures for holding meetings, which can include meeting digitally. The exact rules for these procedures and how the Board officially signs or authenticates its orders and documents will be prescribed by the government later.\n\nThe law protects the Board's decisions from being thrown out over minor technicalities. An act or proceeding of the Board remains valid even if there is an empty seat on the Board, a flaw in how the Board was put together, or a defect in the appointment of the Chairperson or a Member. It also remains valid if there is a procedural mistake, as long as that mistake does not affect the actual merits of the case.\n\nFinally, the section provides a backup plan if the Chairperson is unavailable. If the Chairperson cannot perform their duties because of illness, absence, or any other reason, the senior-most Member of the Board will step in. This Member will carry out the Chairperson's functions until the Chairperson is able to resume their duties.

Key points

• The Board must follow prescribed procedures for its meetings, which can be held digitally, and for authenticating its orders. [(1)]
• Decisions or proceedings of the Board are not invalid just because of a vacancy or a defect in the Board's constitution. [(2)(a)]
• Defects in the appointment of the Chairperson or a Member do not invalidate the Board's acts. [(2)(b)]
• Procedural irregularities do not invalidate proceedings unless they affect the merits of the case. [(2)(c)]
• The senior-most Member takes over the Chairperson's duties if the Chairperson is absent or ill, until they return. [(3)]

Common misreadings

• A person might think a Board decision can be canceled if a Member was improperly appointed, but the law specifically states such defects do not invalidate the Board's proceedings.
• A person might assume the Board cannot function if the Chairperson is sick, but the senior-most Member automatically takes over their functions.