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 ActsProctoring captures webcam, screen and behavioural data, often of minors, about as intrusive as it gets.
In short
Proctoring needs a strong lawful basis, strict minimization and short retention; where candidates are children, verifiable parental consent applies and monitoring must not extend beyond the exam. Penalties reach ₹250 crore, and ₹200 crore for children-data violations.
What changes for this sub-sector.
Webcam, screen and behavioural monitoring is intrusive; you need a clear lawful basis and tight limits.
Capture only what integrity requires, and delete recordings on a short, defined schedule.
Where candidates are under 18, verifiable parental consent applies and monitoring must not extend beyond the exam.
Tell candidates exactly what is recorded, analysed and stored.
Proctoring recordings are a high-value breach target; encrypt and lock down access.
Third-party proctoring and AI flagging vendors are processors; govern their handling.
Fix lawful basis, minimization and retention first.
The readiness check surfaces basis, retention and children-data gaps.
Take the readiness check →Consultant-led and partner-backed.