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DPDP reference

Section 42

Power to amend the Schedule

Lets the Central Government amend The Schedule, but caps any increase at twice the original penalty.

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What it says

01
The Central Government may, by notification, amend The Schedule. No amendment may increase a penalty beyond twice what was originally specified.

In practice

The ceiling is a real constraint on future exposure: the Rs 250 crore band cannot become Rs 1,000 crore by notification. Any amendment also has to be laid before Parliament under s.41.

Read next

Sch.PenaltiesThe seven penalty items the Board may impose under s.33(1), from Rs 250 crore for security failures down to Rs 10,000 for a Data Principal’s breach of duties.s.33PenaltiesEmpowers the Board to impose the monetary penalties in The Schedule where a breach is significant, and lists the factors that set the amount.

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