Analysis of the Digital Personal Data Protection Rules and TDSAT's Role

In January 2025, the Ministry of Electronics and Information Technology released the draft Digital Personal Data Protection Rules under the Digital Personal Data Protection Act, 2023. Concerns have been raised regarding the Union government's authority to appoint members to the Data Protection Board (DPB), questioning the separation of powers and independence of the DPB.

Appeals and the Role of TDSAT

• The Act and draft Rules require that appeals from the DPB's decisions be filed digitally before the Telecom Disputes Settlement and Appellate Tribunal (TDSAT), which must resolve appeals within six months.
• However, the effectiveness of this mechanism is debatable, necessitating reforms to equip TDSAT adequately.

Institutional Reforms Needed

• Appointment of Technical Members:
  • Include a technical member with expertise in data protection in TDSAT to handle sector-specific issues effectively.
  • Amend Section 14C of the Telecom Regulatory Authority of India Act, 1997, to accommodate such appointments.
• Capacity Enhancement:
  • Consider TDSAT’s current capacity to handle appeals.
  • The tribunal faces an overburdened docket, with 3,448 cases pending between February 2020 to February 2025.
  • Increased budget allocations and additional benches may help manage the caseload.
• Technological Updates:
  • Significant updates are needed for the TDSAT's website to facilitate digital filings and improve public confidence.
  • A robust digital infrastructure is vital to handle complex data protection appeals.

Accountability and Reporting

• TDSAT must be accountable, potentially through annual reports detailing: 
  • Number of appeals filed and resolved.
  • Statistics of pending appeals and key issues.

Conclusion

As data protection becomes increasingly significant in India’s digital governance, TDSAT's effective management of related matters will be crucial to uphold the rule of law and individual rights. This requires addressing current challenges through well-planned institutional reforms.