---
title: "Section 35: Protection of action taken in good faith"
url: https://dpdp.myndsolution.com/wiki/act/section-35-protection-of-action-taken-in-good-faith/
description: "Section 35 of the Digital Personal Data Protection Act, 2023 (Protection of action taken in good faith). Official text verbatim, in force since 13 november…"
kind: act-section
updated: 2026-09-09
official_source: https://www.meity.gov.in/static/uploads/2024/06/2bf1f0e9f04e6fb4f8fef35e82c42aa5.pdf
text_type: official-text-plus-interpretation
publisher: MYND Integrated Solutions
license: Official Government of India texts are reproduced verbatim (public domain / open government data). Interpretation is CC BY 4.0, MYND Integrated Solutions.
disclaimer: Not legal advice. Official text prevails over any interpretation.
html_version: https://dpdp.myndsolution.com/wiki/act/section-35-protection-of-action-taken-in-good-faith/
---
# Section 35: Protection of action taken in good faith

*The Digital Personal Data Protection Act, 2023 (No. 22 of 2023), Chapter IX: MISCELLANEOUS. In force since 13 November 2025.*

## Official text

No suit, prosecution or other legal proceedings shall lie against the Central Government, the Board, its Chairperson and any Member, officer or employee thereof for anything which is done or intended to be done in good faith under the provisions of this Act or the rules made thereunder.



## Interpretation in plain English (not legal advice)

> This is a plain-English interpretation of the official text, prepared by the DPDP Wiki editorial team. It is not the law and not legal advice, and it may be incomplete or wrong. Always rely on the official text of the Act, the Rules and the notifications, and take advice from a qualified professional for your situation.

Section 35 provides legal immunity to the government and the regulatory body responsible for enforcing the law. Specifically, it protects the Central Government and the Data Protection Board of India (referred to as the Board). This protection extends to the Chairperson, Members, officers, and employees of the Board.\n\nThe provision states that no lawsuit, criminal prosecution, or other legal proceeding can be filed against these entities and individuals for their actions. However, this protection is not absolute. It only applies if the action was taken, or intended to be taken, in good faith while carrying out duties under the Act or its associated rules.\n\nThis means that as long as the government or the Board's staff act honestly and with the intention of following the law, they cannot be sued for those actions. This allows regulators to perform their duties without the threat of legal retaliation.

### Key points

- No lawsuit or prosecution can be filed against the Central Government or the Board for actions taken under this law.
- This legal immunity extends to the Chairperson, Members, officers, and employees of the Board.
- The protection only applies to actions that are done, or intended to be done, in good faith under the Act or its rules.

### Common misreadings

- People might think this gives the Board absolute immunity, but the text specifies that actions must be done or intended to be done in good faith to be protected.
- People might think this protects Data Fiduciaries, but it only protects the Central Government, the Board, and their personnel.

*Interpretation prepared 2026-09-09 from the official text only; the official text prevails.*

---
Cite as: Digital Personal Data Protection Act, 2023, s. 35. Official source: https://www.meity.gov.in/static/uploads/2024/06/2bf1f0e9f04e6fb4f8fef35e82c42aa5.pdf