Section 19 of Digital Personal Data Protection Act, 2023 - Composition and Qualifications of Chairperson and Members
Section 19 of the Digital Personal Data Protection Act, 2023 deals with the composition of the Data Protection Board of India, the appointment of its Chairperson and other Members, and the expertise required for appointment. The provision should now be read with the Digital Personal Data Protection Rules, 2025 and the Central Government notifications concerning the Board.
Meaning and scope of Section 19
Section 19 creates the statutory framework for who may constitute the Data Protection Board of India. It does not itself name individual appointees. Instead, it authorises the Central Government to determine the number of other Members, requires appointment in the prescribed manner, and lays down the broad professional standard that the Chairperson and Members must satisfy.
| Provision | What it provides |
|---|---|
| Section 19(1) | The Board consists of a Chairperson and such number of other Members as the Central Government may notify. |
| Section 19(2) | The Chairperson and other Members are appointed by the Central Government in the manner prescribed by rules. |
| Section 19(3) | Appointees must be persons of ability, integrity and standing with special knowledge or practical experience in specified relevant fields. At least one among them must be an expert in law. |
Text of Section 19
19. Composition and qualifications for appointment of Chairperson and Members.
(1) The Board shall consist of a Chairperson and such number of other Members as the Central Government may notify.
(2) The Chairperson and other Members shall be appointed by the Central Government in such manner as may be prescribed.
(3) The Chairperson and other Members shall be a person of ability, integrity and standing who possesses special knowledge or practical experience in the fields of data governance, administration or implementation of laws related to social or consumer protection, dispute resolution, information and communication technology, digital economy, law, regulation or techno-regulation, or in any other field which in the opinion of the Central Government may be useful to the Board, and at least one among them shall be an expert in the field of law.
Appointment under the Digital Personal Data Protection Rules, 2025
The words "in such manner as may be prescribed" in Section 19(2) are implemented through the Digital Personal Data Protection Rules, 2025. Rule 16 provides the selection framework for the Chairperson and other Members through Search-cum-Selection Committees constituted by the Central Government. The Rules therefore supply the procedural mechanism that Section 19 leaves to delegated legislation.
Qualifications and fields of expertise
Section 19(3) uses a broad multidisciplinary standard. Relevant knowledge or practical experience may come from data governance, public administration, implementation of social or consumer protection laws, dispute resolution, information and communication technology, the digital economy, law, regulation, techno-regulation, or another field considered useful to the Board by the Central Government. The Act expressly requires at least one legal expert among the Chairperson and Members.
The Central Government's vacancy circular dated 6 May 2026 further specified eligibility conditions for the recruitment exercise, including Indian citizenship, a recognised bachelor's degree, minimum domain experience and prescribed senior-level experience for the Chairperson and Member posts. Those recruitment conditions should be read as requirements of that official appointment process in addition to the general statutory qualifications stated in Section 19.
Number of Chairperson and Member posts
A Central Government notification issued in November 2025 addressed the strength of the Data Protection Board. The subsequent official vacancy circular dated 6 May 2026 invited applications for one Chairperson and four Members. Accordingly, readers seeking the presently notified recruitment structure should consult the latest Central Government notification and appointment circular together.
Relationship with Sections 18 and 20
Section 18 establishes the Data Protection Board of India as a body corporate. Section 19 deals with its composition and appointment qualifications. Section 20 separately deals with salary, allowances, other service conditions and the term of office of the Chairperson and Members. These provisions form part of Chapter V of the Act governing the Data Protection Board of India.
Why Section 19 is important
The provision is designed to ensure that the Board has multidisciplinary expertise rather than being confined to a single profession. Its express reference to technology, digital economy, law, regulation, consumer protection and dispute resolution reflects the mixed legal, technical and regulatory questions that can arise under the DPDP framework.
Updated: 24 September 2026. Readers should verify subsequent notifications or amendments before relying on appointment details.