Section 37 Power of Central Government to issue directions
- Chapter
- IX · Miscellaneous
37. (1) The Central Government or any of its officers specially authorised by it in this behalf may, upon receipt of a reference in writing from the BoardDefined in section 2(c): Board means the Data Protection Board of India established by the Central Government under section 18 that-
(a) intimates the imposition of monetary penalty by the BoardDefined in section 2(c): Board means the Data Protection Board of India established by the Central Government under section 18 on a Data FiduciaryDefined in section 2(i): Data Fiduciary means any person who alone or in conjunction with other persons determines the purpose and means of processing of personal data in two or more instances; and
(b) advises, in the interests of the general public, the blocking for access by the public to any information generated, transmitted, received, stored or hosted, in any computer resource that enables such Data FiduciaryDefined in section 2(i): Data Fiduciary means any person who alone or in conjunction with other persons determines the purpose and means of processing of personal data to carry on any activity relating to offering of goods or services to 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 Principals within the territory of India,
after giving an opportunity of being heard to that Data FiduciaryDefined in section 2(i): Data Fiduciary means any person who alone or in conjunction with other persons determines the purpose and means of processing of personal data, on being satisfied that it is necessary or expedient so to do, in the interests of the general public, for reasons to be recorded in writing, by order, direct any agency of the Central Government or any intermediary to block for access by the public or cause to be blocked for access by the public any such information.
(2) Every intermediary who receives a direction issued under sub-section (1) shall be bound to comply with the same.
(3) For the purposes of this section, the expressions "computer resource", "information" and "intermediary" shall have the meanings respectively assigned to them in the Information Technology Act, 2000.