365 days to DPDPA implementation

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Podcast on 365 days count down to DPDPA

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365 days count down for DPDPA to be fully effective

Today is 13th May 2026. Barring  unforeseen circumstances, DPDPA should be fully implemented on 13th May 2027 with the possibility of penalties being imposed for non compliance.

Today is also the day when the important hearing takes place in the Supreme Court on the constitutionality of DPDPA as a law. In terms of probability, however low it is, there is a possibility  of the Act being scrapped. More probably there may be a reading down of the law. The possibility of any major changes that affect the industry is insignificant.

The Challenge has been filed in the form of a number of Public Interest Litigations and a  battery of well know PIL lawyers are representing them.

It is interesting to note that FDPPI has filed an intervention petition to defend DPDPA and assist the Court in finding a harmonious resolution for the agitated RTI activists and Journalists.

In the meantime, the Government has set up the Search Committees for constituting the Data Protection Board and its members and issued an advertisement to call for applications.

By 5th June 2026, the last date for receiving applications will be end.

Hopefully by end of June, the selections may be over and by end of July DPB may be in place.

Then action to get the website of DPB should commence. Some work on this has already been completed in the background by the NeGD and hence we can see the website of DPB soon in place. This will be the “Digital Office of DPB” and hence an important  instrument in implementing DPDPA.

The first action point for the DPB  will be from 13th November 2026 when applications will be received from organizations intending  to be registered as “Consent Managers”.

The Count down has begun… Let us brace for the impact.

Naavi

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DPBI Constitution

The MeitY has initiated steps towards constitution of the Data Protection Board of India and the appointment of Chairman and Four members to the Board through an advertisement released on the website of  MeitY.

The details of the terms etc are available in the document here.

The last date for receipt of applications is 30 days from the date of publication of an advertisement in this regard in the Employment News.  (Released on 6th may 2026) Applications received after this date will not be considered. Applicants already in service should send their application through their Cadre Controlling Authority. An advance copy may be sent directly; however, the application shall not be considered in the absence of official recommendation and clearances. Incomplete applications shall not be considered.

The minimum age for applying for the post is 55 years as on the closing date of submission of applications. The tenure of the post is for a term not exceeding two (2) years or till the age of sixty-five (65) years, whichever is earlier.

Eligibility for the post of Chairperson is that he  shall be a person of ability, integrity, and standing, having held a post equivalent to Additional Secretary to the Government of India or above; or having held a position not less than one level below the head of:

(i) an academic, policy, or research institution of repute; or
(ii) a body corporate with a paid-up capital of ₹100 crore or turnover of ₹500 crore.

For the members, the eligibility criteria shall be that they  shall be persons of ability, integrity, and standing, having held a post equivalent to Joint Secretary to the Government of India or above; or having held a position not less than two levels below the head of:

(i) an academic, policy, or research institution of repute; or
(ii) a body corporate with a paid-up capital of ₹100 crore or turnover of ₹500 crore.

(Out of the four members, at least one among the Members shall be an expert in the field of law)

Applications can be  sent here as per the proforma provided and with relevant documents.

Deputy Secretary (Pers.),
Ministry of Electronics and Information Technology,
Electronics Niketan, 6, CGO Complex,
New Delhi-110003.
E-mail: p.victor@meity.gov.in

Naavi

 

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Supreme Court hearing on DPDPA on May 13 2026

Honourable Supreme Court is set to hear the challenge against the constitutionality of DPDPA on May 13 2026.

The Court is hearing five PILs filed in this regard some of which asking for complete scrapping of DPDPA 2023 and DPDPA Rules of November 2025.

FDPPI has requested for intervention to assist the Court to place the views of the practicing  professionals while defending DPDPA 2023.

Naavi.org has discussed the issues in detail in the past.

All these articles can be accessed here.

 

No Date Title
1 Feb 16 DPDPA at the doors of Supreme Court
2 17 Supreme Court refers the DPDPA Challenge to a larger Bench
3 18 The DPDPA Challenge in Supreme Court
4 24 FDPPI would like to facilitate DPDPA petitions in Supreme Court to be cleared at the earliest
5 27 Petitions against DPDPA are “Disproportionate”, Disproportionate” and “Disproportionate”
6 28 Whose Privacy are the Petitioners of DPDPA Challenge Brigade are protecting?
7 28 Public Interest Litigation cannot be discussed without the real public having been given an opportunity to represent
8 28 Nothing is wrong with Section 17(1)(c) and 17(2)
9 March 2 Reporter’s Collective Trust prayer that DPDPA should be scrapped is manifestly arbitrary.
10 2 Are the “Scrap DPDPA Brigade” suggesting introduction of Registration of journalists by Government of India?
11 2 DPDPA and Conformance to Puttaswamy Judgement
12 3 A Review of 10 years of GDPR and it’s impact on India
13 3 DPDPA Exemptions : Don’t Judge by what DPDPA does not do
14 4 Will Supreme Court Scrap DPDPA?
15 5 How the Reporter’s Collective is trying to fool the Supreme Court
16 5 Reporter’s Collective petition. Creative but sinister
17 16 Writ Petition of Geeta Sheshu on DPDPA Challenge
18 24 Update on DPDPA Challenge in Supreme Court
19 April 30 Anatomy of Personal Data
20 May 6 Hearing in Supreme Court on “Scrap DPDPA” demand to resume on 13th May 2026
21 May 7 Privacy Vs Transparency: Realities of Indian’s New Data Law

Petition of Venkatesh Nayak

Petition of Reporter’s Guild

Petition of Geeta Seshu

Intervention Petition of FDPPI

Naavi

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The Collateral Damage..not permitted in the Post Puttawamy scenario

Audio Overview

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