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
A financial penalty is the monetary penalty the Board may impose for a significant breach, in the amounts set out in the Schedule.
TL;DR
A financial penalty (Section 33 and the Schedule) is the monetary penalty the Data Protection Board may impose after an inquiry for a significant breach, always after a hearing. Amounts reach up to 250 crore rupees for weak security and 200 crore for breach-notification or children's-data failings.
If the Board determines on conclusion of an inquiry that breach of the provisions of this Act or the rules made thereunder by a person is significant, it may, after giving the person an opportunity of being heard, impose such monetary penalty specified in the Schedule.
Penalties are decided by the Board after an inquiry, and only where the breach is significant. The person always gets a hearing first.
The amounts are steep: up to two hundred and fifty crore rupees for weak security, two hundred crore for breach-notification or children's failings, one hundred and fifty crore for SDF failings, and fifty crore for other breaches.
A company with poor security that suffers a major breach could face a penalty of up to two hundred and fifty crore rupees.
What is the maximum penalty?
Up to two hundred and fifty crore rupees, for failing to take reasonable security safeguards.
Who imposes penalties?
The Data Protection Board, after an inquiry and a hearing, where the breach is significant.
Consultant-led and partner-backed.