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6 of 9|Data Protection Board
video 15 min•Board Proceedings
Appeals
If you disagree with the Board, where do you go?
🎯 Learning Objectives
- ▸ Understand the appeal mechanism
- ▸ Learn about the powers of the TDSAT
The TDSAT
Under Section 29, an appeal against an order of the Board lies to the TDSAT. This provides an independent layer of judicial review.
The TDSAT has the power to hear the appeal, examine the records of the Board, and pass appropriate orders. It must try to dispose of the appeal within 6 months.
Filing an appeal does not automatically stay the Board's order. The company must apply to the TDSAT for a stay, which may or may not be granted.
📖 Glossary
- TDSAT
- Telecom Disputes Settlement and Appellate Tribunal, the appellate body for DPDPA orders.
- Stay
- A temporary suspension of a legal order or proceeding.
🔑 Key Takeaways
- The appeal goes to the TDSAT, not directly to the Supreme Court.
- The appeal must be filed within 60 days.
- The TDSAT can set aside, modify, or confirm the Board's order.
📚 Further Reading
- DPDPA Section 29 — Government of India (2023)
Course Author
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...