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Chapter V · Data Protection Board of India

Section 22 — Resignation by Members and filling of vacancy

What this section requires

A Chairperson or Member can resign by written notice to the Central Government; the resignation takes effect on the earliest of the government permitting relinquishment, three months from the notice, a successor taking office, or the end of the term. Vacancies from resignation, removal or death are filled by fresh appointment. For one year after leaving office, a former Chairperson or Member needs the Central Government's approval before taking employment, and must disclose any later employment with a Data Fiduciary against whom they had handled proceedings.

Who it applies to

The Chairperson and Members of the Board, both while serving and for one year after leaving — this is an internal governance and post-employment restriction, not a Data Fiduciary obligation, though it is directly relevant to any Data Fiduciary considering hiring a former Board Member or Chairperson who handled its case.

Checklist

  • Not applicable for a Data Fiduciary's own compliance — but if you are considering employing a former Chairperson or Member, confirm whether the one-year restriction and disclosure duty under sub-section (3) apply to that hire.

Penalty exposure

Not applicable — no Schedule item attaches to resignation, vacancy-filling, or the post-employment restriction.

Implementation timeline

In force since 13 November 2025.

Section 22

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