Ch IPreliminary
S.1 Short title and commencementS.2 DefinitionsS.3 Application and scopeCh IIObligations of Data Fiduciary
S.4 Grounds for processingS.5 NoticeS.6 ConsentS.7 Certain legitimate usesS.8 Data Fiduciary obligationsS.9 Children’s dataS.10 Significant Data FiduciaryCh IIIRights and duties of Data Principal
S.11 Right to accessS.12 Correction and erasureS.13 Grievance redressalS.14 Right to nominateS.15 Duties of the Data PrincipalCh IVSpecial provisions
S.16 Transfer outside IndiaS.17 ExemptionsCh VData Protection Board of India
S.18 Establishment of the BoardS.19 Composition of the BoardS.20 Salary and term of officeS.21 DisqualificationsS.22 Resignation and vacanciesS.23 Proceedings of the BoardS.24 Officers and employeesS.25 Members as public servantsS.26 Powers of the ChairpersonCh VIBoard powers and procedure
S.27 Powers and functions of the BoardS.28 Procedure followed by the BoardCh VIIAppeal and dispute resolution
S.29 Appeal to the Appellate TribunalS.30 Tribunal orders as a decreeS.31 Alternate dispute resolutionS.32 Voluntary undertakingCh VIIIPenalties
S.33 Penalties and the ScheduleS.34 Penalties to Consolidated FundCh IXMiscellaneous
S.35 Good-faith protectionS.36 Power to call for informationS.37 Blocking of accessS.38 Consistency with other lawsS.39 Bar of jurisdictionS.40 Power to make rulesS.41 Laying of rules before ParliamentS.42 Power to amend the ScheduleS.43 Power to remove difficultiesS.44 Amendments to other ActsConcept
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.
TL;DR
Blocking of access (Section 37) is the government's last-resort power to order a repeatedly penalised fiduciary's service blocked from public access in the public interest. It applies only after the Board has penalised the fiduciary in two or more instances, and only after a hearing with recorded reasons.
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.
Consultant-led and partner-backed.