Ensuring Accountability: Penalties For Data Breach: Digital Personal Data Protection Act – 2023

Under the Digital Personal Data Protection Act of 2023, individuals whose data has been breached have the right to seek recourse by approaching the Board. After conducting a thorough inquiry, if the Board finds that the Act’s provisions or its rules have been violated, they can levy monetary penalties, ensuring a fair hearing process for all parties involved.

Type of breach
Penalty imposed
Breach in taking reasonable security in prevention of personal data breachMay extend to Rupees 250 crores
Failure to notify Data Principal or the Board regarding any incident of data breachMay extend to Rupees 200 crores
Non-compliance regarding obligation of children dataMay extend to Rupees 200 crores
Non-compliance with additional obligation of Significant Data FiduciaryMay extend to Rupees 150 crores
Breach of observance of duties by Data PrincipalUp to Rupees 10000
Breach of any term of voluntary undertakingUp to extent applicable of the breach
Breach of any other provisions of the Act / RulesMay extend up to Rupees 50 crores

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