Section 26 of Digital Personal Data Protection Act, 2023 - Powers of Chairperson

Section 26 of the Digital Personal Data Protection Act, 2023 (Act No. 22 of 2023) specifies the powers that may be exercised by the Chairperson of the Data Protection Board of India. The provision deals with administrative supervision, scrutiny of matters received by the Board, and allocation of the Board's functions and proceedings among its Members.

Current legal status: Section 26 is in force from 13 November 2025. The Central Government brought sections 18 to 26, among other provisions, into force through the commencement notification issued under section 1(2) of the Act. The Data Protection Board of India was also established by Central Government notification in November 2025.

Text and meaning of Section 26

Section 26 - Powers of Chairperson

The Chairperson is empowered to:

  1. exercise general superintendence and give directions in respect of all administrative matters of the Board;
  2. authorise an officer of the Board to scrutinise any intimation, complaint, reference or correspondence addressed to the Board; and
  3. authorise an individual Member or a group of Members to perform functions of the Board and conduct its proceedings, and allocate proceedings among them.

What does Section 26 do?

Section 26 is an organisational provision in Chapter V of the Act, which concerns the Data Protection Board of India. It identifies how the Chairperson may supervise the Board's administration and distribute work. It should be read together with the provisions dealing with the establishment, composition, proceedings, officers and employees of the Board.

1. General superintendence and administrative directions

Clause (a) gives the Chairperson general superintendence over the administrative matters of the Board and the power to give directions in relation to those matters. This supports the day-to-day institutional administration of the Board.

2. Scrutiny of communications received by the Board

Under clause (b), the Chairperson may authorise an officer of the Board to scrutinise an intimation, complaint, reference or correspondence addressed to the Board. The provision therefore permits preliminary scrutiny to be assigned to an authorised officer instead of requiring the Chairperson personally to examine every incoming matter.

3. Allocation of functions and proceedings among Members

Clause (c) permits the Chairperson to authorise an individual Member or a group of Members to perform functions of the Board and conduct proceedings. The Chairperson may also allocate proceedings among Members. This provides a statutory mechanism for distributing the Board's work.

Section 26 in the structure of the DPDP Act

Provision Subject Relevance to Section 26
Section 18 Establishment of Board Provides for the Data Protection Board of India.
Section 23 Proceedings of Board Deals with proceedings and continuity of the Board.
Section 24 Officers and employees of Board Provides for appointment of officers and employees, relevant to authorisation under clause (b).
Section 26 Powers of Chairperson Deals with administrative supervision, scrutiny and allocation of Board work.
Section 27 Powers and functions of Board Separately specifies powers and functions of the Board and should not be confused with the Chairperson's organisational powers under Section 26.
Important: Section 26 concerns powers of the Chairperson. It does not by itself replace the separate statutory provisions governing the powers, functions and procedure of the Data Protection Board of India.

Digital Personal Data Protection Rules, 2025

The Digital Personal Data Protection Rules, 2025 were notified in November 2025 to provide the implementation framework under the Act. For the Board, the Rules include provisions concerning matters such as appointment-related procedure, service conditions and functioning as a digital office. Section 26 itself remains the statutory source for the Chairperson's powers described above.

Official legal resources

For the notified legal text and subsequent implementation material, refer to the Ministry of Electronics and Information Technology's official DPDP Rules page and its Act and Policies repository:

Digital Personal Data Protection Rules, 2025 - MeitY
MeitY Act and Policies

Related provisions

Readers may also refer to Section 25 - Members and officers to be public servants, Section 27 - Powers and functions of Board, and Section 28 - Procedure to be followed by Board.

Updated: 24 September 2026. This page is intended as a legal information resource. For an authoritative position, refer to the Act, applicable commencement notifications, Rules and Gazette notifications.