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7 of 9|Data Protection Board
reading 20 min•Board Proceedings
Investigation
How does the Board gather evidence?
🎯 Learning Objectives
- ▸ Understand the investigative powers of the Board
- ▸ Learn the rights of the parties during an investigation
Civil Court Powers
Under Section 27(1), the Board has the same powers as a civil court under the Code of Civil Procedure, 1908, while trying a suit. This includes:
- • Summoning and enforcing the attendance of any person.
- • Requiring the discovery and production of documents.
- • Receiving evidence on affidavits.
- • Issuing commissions for the examination of witnesses or documents.
📖 Glossary
- Affidavit
- A written statement confirmed by oath or affirmation, used as evidence in court.
🔑 Key Takeaways
- The Board can summon company executives.
- The Board can demand access to servers and databases.
- Non-compliance with an investigation is a separate offence.
📚 Further Reading
- DPDPA Section 27 — 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...