Chapter IX · Miscellaneous
Section 36: Power to Call for Information
Section 36 gives the Central Government a broad information-gathering power: it can require the Board, or any Data Fiduciary or intermediary, to furnish such information as it may call for.
- Chapter
- Chapter IX · Miscellaneous
- Status
- Enacted · phased commencement
- Full compliance
- 13 May 2027
- Applies to
- DF, intermediaries, Board
- Official citation
- DPDP Act, 2023, s.36
- Reading time
- 3 min
- Updated
- August 2026
At a glance
Section 36 empowers the Central Government, for the purposes of the Act, to require the Data Protection Board and any Data Fiduciary or intermediary to furnish such information as it may call for. It is a broad, standalone information-requisition power sitting alongside, and separate from, the Board's own inquiry powers under Section 28. The Act does not itself narrow the categories of information or set a procedure, and the details are expected to be shaped by the Rules and practice. Section 36 takes effect on 13 May 2027.
Key takeaways
- Section 36 lets the Central Government call for information from the Board, any Data Fiduciary or any intermediary, for the purposes of the Act.
- It is a broad power: the Act does not spell out the categories of information or a fixed procedure.
- It is separate from a Board inquiry under Section 28: a request under Section 36 is not itself a penalty proceeding.
- For a Data Fiduciary, it means government information requests are part of the regime, so keeping orderly, retrievable records matters.
Who should read this
Read this if you are a Data Fiduciary or intermediary: it is the clause that lets the Central Government ask you directly for information, over and above anything the Board may seek in an inquiry.
In plain language
Section 36 is short and broad. It gives the Central Government a direct power to call for information from the Board, from any Data Fiduciary, or from any intermediary, for the purposes of the Act.
The Act does not, in this section, list what can be asked for or how. That detail is left to be shaped by the Rules and practice. Practically, the takeaway for a business is simple: be able to find and produce your records when a lawful request lands, without scrambling.
The text of the law
Section 36: Power to Call for Information
36 The Central Government may, for the purposes of the Act, require the Board and any Data Fiduciary or intermediary to furnish such information as it may call for.
Wording summarised from the enacted Act. Always confirm against the official Gazette text for authoritative language.
What this means for you
- Keep your data and compliance records retrievable: a data inventory, processing records, consent and notice logs, and breach documentation should be findable on short notice.
- Route any government information request through legal and privacy immediately, so responses are accurate, consistent and scoped to what is actually asked.
- Do not confuse a Section 36 request with a Board inquiry: responding to one does not resolve or trigger the other, and your penalty position is governed separately. Want to check your records would stand up? Take the readiness assessment or find a specialist.
Frequently asked questions
Who can call for information under Section 36?
Is a Section 36 request the same as a Board inquiry?
What information can be asked for?
Does responding create a penalty?
Sources
- Digital Personal Data Protection Act, 2023Ministry of Electronics and IT (MeitY)
- DPDP Rules, 2025Notified 13–14 November 2025
This is an educational explanation, not legal advice. dpdpactindia.in is an independent resource and is not affiliated with the Government of India.