Section 28 Procedure to be followed by Board
28. (1) The BoardDefined in section 2(c): Board means the Data Protection Board of India established by the Central Government under section 18 shall function as an independent body and shall, as far as practicable, function as a digital officeDefined in section 2(m): digital office means an office that adopts an online mechanism wherein the proceedings, from receipt of intimation or complaint or reference or directions or appeal, as the case may be, to the disposal thereof, are conducted in online or digital mode, with the receipt of complaints and the allocation, hearing and pronouncement of decisions in respect of the same being digital by design, and adopt such techno-legal measures as may be prescribedDefined in section 2(v): prescribed means prescribed by rules made under this Act.
(2) The BoardDefined in section 2(c): Board means the Data Protection Board of India established by the Central Government under section 18 may, on receipt of an intimation or complaint or reference or directions as referred to in sub-section (1) of section 27, take action in accordance with the provisions of this Act and the rules made thereunder.
(3) The BoardDefined in section 2(c): Board means the Data Protection Board of India established by the Central Government under section 18 shall determine whether there are sufficient grounds to proceed with an inquiry
(4) In case the BoardDefined in section 2(c): Board means the Data Protection Board of India established by the Central Government under section 18 determines that there are insufficient grounds, it may, for reasons to be recorded in writing, close the proceedings.
(5) In case the BoardDefined in section 2(c): Board means the Data Protection Board of India established by the Central Government under section 18 determines that there are sufficient grounds to proceed with inquiry, it may, for reasons to be recorded in writing, inquire into the affairs of any personDefined in section 2(s): person includes (i) an individual; (ii) a Hindu undivided family; (iii) a company; (iv) a firm; (v) an association of persons or a body of individuals, whether incorporated or not; (vi) the State; and (vii) every artificial juristic person, not falling within any of the preceding sub clauses for ascertaining whether such personDefined in section 2(s): person includes (i) an individual; (ii) a Hindu undivided family; (iii) a company; (iv) a firm; (v) an association of persons or a body of individuals, whether incorporated or not; (vi) the State; and (vii) every artificial juristic person, not falling within any of the preceding sub clauses is complying with or has complied with the provisions of this Act.
(6) The BoardDefined in section 2(c): Board means the Data Protection Board of India established by the Central Government under section 18 shall conduct such inquiry following the principles of natural justice and shall record reasons for its actions during the course of such inquiry.
(7) For the purposes of discharging its functions under this Act, the BoardDefined in section 2(c): Board means the Data Protection Board of India established by the Central Government under section 18 shall have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908, in respect of matters relating to-
(a) summoning and enforcing the attendance of any personDefined in section 2(s): person includes (i) an individual; (ii) a Hindu undivided family; (iii) a company; (iv) a firm; (v) an association of persons or a body of individuals, whether incorporated or not; (vi) the State; and (vii) every artificial juristic person, not falling within any of the preceding sub clauses and examining her on oath;
(b) receiving evidence of affidavit requiring the discovery and production of documents;
(c) inspecting any dataDefined in section 2(h): data means a representation of information, facts, concepts, opinions or instructions in a manner suitable for communication, interpretation or processing by human beings or by automated means, book, document, register, books of account or any other document; and
(d) such other matters as may be prescribedDefined in section 2(v): prescribed means prescribed by rules made under this Act.
(8) The BoardDefined in section 2(c): Board means the Data Protection Board of India established by the Central Government under section 18 or its officers shall not prevent access to any premises or take into custody any equipment or any item that may adversely affect the day-to-day functioning of a personDefined in section 2(s): person includes (i) an individual; (ii) a Hindu undivided family; (iii) a company; (iv) a firm; (v) an association of persons or a body of individuals, whether incorporated or not; (vi) the State; and (vii) every artificial juristic person, not falling within any of the preceding sub clauses.
(9) The BoardDefined in section 2(c): Board means the Data Protection Board of India established by the Central Government under section 18 may require the services of any police officer or any officer of the Central Government or a State Government to assist it for the purposes of this section and it shall be the duty of every such officer to comply with such requisition.
(10) During the course of the inquiry, if the BoardDefined in section 2(c): Board means the Data Protection Board of India established by the Central Government under section 18 considers it necessary, it may for reasons to be recorded in writing, issue interim orders after giving the personDefined in section 2(s): person includes (i) an individual; (ii) a Hindu undivided family; (iii) a company; (iv) a firm; (v) an association of persons or a body of individuals, whether incorporated or not; (vi) the State; and (vii) every artificial juristic person, not falling within any of the preceding sub clauses concerned an opportunity of being heard.
(11) On completion of the inquiry and after giving the personDefined in section 2(s): person includes (i) an individual; (ii) a Hindu undivided family; (iii) a company; (iv) a firm; (v) an association of persons or a body of individuals, whether incorporated or not; (vi) the State; and (vii) every artificial juristic person, not falling within any of the preceding sub clauses concerned an opportunity of being heard, the BoardDefined in section 2(c): Board means the Data Protection Board of India established by the Central Government under section 18 may for reasons to be recorded in writing, either close the proceedings or proceed in accordance with section 33.
(12) At any stage after receipt of a complaint, if the BoardDefined in section 2(c): Board means the Data Protection Board of India established by the Central Government under section 18 is of the opinion that the complaint is false or frivolous, it may issue a warning or impose costs on the complainant.