Complaint Process
How to file a complaint with the Data Protection Board.
🎯 Learning Objectives
- ▸ Understand the steps to file a complaint
- ▸ Learn about the preliminary inquiry
The Filing Process
A complaint is typically filed online using the Board's portal. The complaint must contain details of the violation, the data fiduciary involved, and proof that the grievance was first raised with the Data Fiduciary.
The Board is not a customer service center. It will not entertain complaints unless there is a prima facie violation of the DPDPA.
Suo Motu Action
The Board can also initiate action on its own (suo motu) if it comes across a major data breach reported in the news or flagged by the government. This means companies cannot assume they are safe just because no user has complained.
📖 Glossary
- Suo Motu
- An action taken by a court or authority on its own initiative, without a formal complaint from a party.
🔑 Key Takeaways
- You must first exhaust the Data Fiduciary's grievance mechanism.
- The Board can act on its own (suo motu).
- Frivolous complaints can lead to penalties under Section 15(b).
📚 Further Reading
- DPDPA Section 27 — Government of India (2023)
Shilpi Kulshrestha
Shilpi is a corporate lawyer with over a decade of experience in data protection, company law, and regulatory compliance. She has advised 50+ startups and enterprises on DPDPA readiness, privacy gover...