Section 25: Members and officers to be public servants

Section 25 of the Digital Personal Data Protection Act clarifies the legal status of the people who work for the Board, which is the regulatory body responsible for enforcing the law. Under this section, the Chairperson, Members, officers, and all employees of the Board are legally classified as public servants. This specific classification is tied to the meaning given in section 21 of the Indian Penal Code. However, this public servant status is not absolute for all their actions in life. It applies specifically when these individuals are acting, or claiming to act, in order to carry out the provisions of the Act. By designating them as public servants during their official duties, the law aligns their legal standing with that of other government officials under the Indian Penal Code.

Key points

• The Chairperson, Members, officers, and employees of the Board are legally deemed to be public servants.
• This classification falls under the meaning of section 21 of the Indian Penal Code.
• This status applies only when they are acting or purporting to act in pursuance of the provisions of the Act.

Common misreadings

• One might assume Board employees are considered public servants in all aspects of their lives, but the text strictly limits this status to when they are acting or purporting to act in pursuance of the Act.