Gevox
DPDP reference

Section 27

Powers and functions of the Board

Sets out what the Board actually does: acts on breach intimations and complaints, inquires, directs remedial measures and imposes penalties.

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What it says

(1)(a)
On receiving intimation of a personal data breach under s.8(6), the Board may direct urgent remedial or mitigation measures, inquire into the breach, and impose a penalty.
(1)(b)
On a complaint by a Data Principal about a breach, or about a Data Fiduciary failing to observe its obligations, the Board may inquire and impose a penalty.
(1)(c)
The Board may inquire into a Consent Manager’s breach of its obligations.
(1)(d)–(e)
The Board may inquire into registration and intermediary breaches.
(2)–(3)
The Board may issue directions that bind the person they are issued to, and may modify, suspend, withdraw or cancel them.

In practice

Clause (1)(a) is the part worth planning around. A breach intimation filed under s.8(6) is itself the trigger for an inquiry, so the notification and the investigation are not separate events. Rule 19 gives the Board six months to complete that inquiry, extendable in three-month steps for recorded reasons.

Read next

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