Chapter IX of the Bill provides for the establishment of Data Protection Authority of India (hereinafter DPAI). The Central authority authorised to establish the authority by notification.
Composition of Data Protection Authority of India
The DPAI shall consist of a Chairperson and maximum 6 whole-time members among which one shall be a person having qualifications and experience in Law.
Appointment of Chairperson & Members
The Bill clarifies that the appointment of Chairperson & Member shall be made by a selection committee consisting of –
- The cabinet secretary, (he/she shall be a chairperson of the selection committee)
- The secretary to the Government of India in the Ministry or Department dealing with the legal affairs
- The secretary to the Government of India in the Ministry or department dealing with the Electronics & Information technology.
It further clarifies that the Selection Committee may follow the procedure for recommendation as prescribed.
Qualifications for Chairperson & Members
The Chairperson & the Members of the Authority shall be persons of ability, integrity and standing.
Persons shall also have qualifications and specialised knowledge and experience of and not less than 10 years in the field of data protection, information technology, data management, data science, data security, cyber & internet laws, public administrations, national security or related subjects.
The vacancies caused to the office shall be filled up within 3 months from the date of occurrence of such vacancies.
Term of Employment
The Chairperson and the member shall be appointed for a term of 5 years or till they attain the age of 65 years, whichever is earlier and they shall also be eligible for re-appointment.
The remaining topics we will cover in our next post.
Picture Credit- https://thewire.in