/The Rules · 2025

Rule 17: Appointment of Chairperson and other Members

DPDP Rules, 2025, G.S.R. 846(E) dated 13 November 2025. In force since 13 November 2025.

In forceOfficial textIn force since 13 November 2025 (phase 1) · rule 1(2)

Provision: Rule 17 of The Digital Personal Data Protection Rules, 2025
Status: In force since 13 November 2025 (phase 1)
Made under: s. 19 Composition and qualifications for appointment of Chairperson and Members
Source: Ministry of Electronics and Information Technology · G.S.R. 846(E) · 13 November 2025 · Official PDF

Rule 17. Appointment of Chairperson and other Members

Verbatim from the Gazette of India

¶(1)

The Central Government shall constitute a Search-cum-Selection Committee, with the Cabinet Secretary as the chairperson and the Secretaries to the Government of India in charge of the Department of Legal Affairs and the Ministry of Electronics and Information Technology and two experts of repute having special knowledge or practical experience in a field which in the opinion of the Central Government may be useful to the Board as members, to recommend individuals for appointment as Chairperson.

¶(2)

The Central Government shall constitute a Search-cum-Selection Committee, with the Secretary to the Government of India in the Ministry of Electronics and Information Technology as the chairperson and the Secretary to the Government of India in charge of the Department of Legal Affairs, and two experts of repute having special knowledge or practical experience in a field which in the opinion of the Central Government may be useful to the Board as members, to recommend individuals for appointment as a Member other than the Chairperson.

¶(3)

The Central Government shall, after considering the suitability of individuals recommended by the Search-cum-Selection Committee, appoint the Chairperson or other Member, as the case may be.

¶(4)

No act or proceeding of the Search-cum-Selection Committee specified in sub-rules (1) and (2) of this rule shall be called in question on the ground merely of the existence of any vacancy or absences in such committee or defect in its constitution.

Interpretation in plain English

Interpretation · not legal advice

Interpretation, 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.

Central GovernmentBoard

Rule 17 explains how the Chairperson and other Members of the Board are selected. The Central Government sets up specific Search-cum-Selection Committees to recommend individuals for these roles.

To recommend a Chairperson, the committee is led by the Cabinet Secretary. It includes the Secretaries of the Department of Legal Affairs and the Ministry of Electronics and Information Technology, along with two experts chosen by the Central Government. To recommend other Members, a slightly different committee is formed. This second committee is led by the Secretary of the Ministry of Electronics and Information Technology, and includes the Secretary of the Department of Legal Affairs and two experts.

Once a committee recommends individuals, the Central Government reviews their suitability and makes the final appointments. The rule also clarifies that the actions or proceedings of these committees remain valid even if there is a vacancy, an absent member, or a defect in how the committee was put together.

Key points

The Central Government forms a Search-cum-Selection Committee led by the Cabinet Secretary to recommend the Chairperson of the Board (1).
A separate Search-cum-Selection Committee led by the Secretary of the Ministry of Electronics and Information Technology recommends other Members of the Board (2).
Both committees include the Secretary of the Department of Legal Affairs and two experts chosen by the Central Government (1, 2).
The Central Government makes the final appointments after considering the recommendations of the respective committees (3).
Decisions made by these committees cannot be challenged simply because of a vacancy, absence, or defect in the committee's formation (4).

Common misreadings

People might think the committee directly appoints the Chairperson or Members, but the committee only recommends individuals while the Central Government makes the final appointment.
People might assume a committee's decision is invalid if a member is absent, but the rule explicitly states that absences or vacancies do not invalidate the committee's proceedings.

Interpretation prepared from the official text only, 9 September 2026. The official text above prevails.

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