Data PrivacyMediation in Data Protection Complaints

August 17, 20230

Mediation in Data Protection Complaints

The Digital Personal Data Protection Act,2023(DPDPA,2023) provides that the Complaints related to the contravention of this act should be filed with the Data Protection Board of India(the Board).

The Board has discretion to inquire any complaints or even close such complaints. However, it is also empowered in terms of Section 31, to refer any complaint to be resolved by mediation as well.

Where the Board deems fit, may direct the parties to attempt to resolve the dispute through mediation by an amicably appointed mediator or any other manner as may be provided under any law in force in India.

Section31.Alternate dispute resolution

If the Board is of the opinion that any complaint may be resolved by mediation, it may direct the parties concerned to attempt resolution of the dispute through such mediation by such mediator as the parties may mutually agree upon, or as provided for under any law for the time being in force in India.

On perusal of Section 31, it can be safely concluded that  DPDPA,2023 will be also encouraging mediation to resolve complaints.

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