Concept
Blocking of access is the government's power to order that a repeatedly penalised fiduciary's service be blocked from public access in the public interest.
On a reference from the Board that a Data Fiduciary has been penalised in two or more instances, the Central Government may, in the interests of the general public and after a hearing, direct any agency or intermediary to block for access by the public any information that enables such Data Fiduciary to offer goods or services to Data Principals in India.
This is the escalation of last resort. It applies only after the Board has penalised a fiduciary in two or more instances and advises blocking in the public interest.
The government must give the fiduciary a hearing and record reasons. Intermediaries who receive a blocking direction are bound to comply.
A service penalised repeatedly and still non-compliant could, in the public interest, be ordered blocked from access in India.
When can a service be blocked?
Only after two or more penalties and a Board reference, in the interests of the general public.
Is there a hearing first?
Yes. The fiduciary must be given an opportunity of being heard.