# Section 27 DPDP Act 2023: Powers and functions of Board

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> Not legal advice. Educational compliance reference only; no lawyer-client relationship arises from its use and the author is not a lawyer. Verify statutory text against the Gazette of India and consult qualified Indian legal counsel before acting.

**CHAPTER VI: POWERS, FUNCTIONS AND PROCEDURE TO BE FOLLOWED BY BOARD.** The Digital Personal Data Protection Act, 2023 (Act 22 of 2023), section 27. Verbatim from the Gazette of India.

Summary (maintainers', not statutory text): Acts on breach intimation, Data Principal complaint, Centre/State reference, court direction, Consent Manager breach, s.37(2) intermediary reference; can issue binding directions after hearing

## Section 27. Powers and functions of Board

(1) The Board shall exercise and perform the following powers and functions, namely:—
  (a) on receipt of an intimation of personal data breach under sub-section (6) of section 8, to direct any urgent
  remedial or mitigation measures in the event of a personal data breach, and to inquire into such personal data
  breach and impose penalty as provided in this Act;
  (b) on a complaint made by a Data Principal in respect of a personal data breach or a breach in observance by a
  Data Fiduciary of its obligations in relation to her personal data or the exercise of her rights under the
  provisions of this Act, or on a reference made to it by the Central Government or a State Government, or in
  compliance of the directions of any court, to inquire into such breach and impose penalty as provided in this Act;
  (c) on a complaint made by a Data Principal in respect of a breach in observance by a Consent Manager of its
  obligations in relation to her personal data, to inquire into such breach and impose penalty as provided in this Act;
  (d) on receipt of an intimation of breach of any condition of registration of a Consent Manager, to inquire into
  such breach and impose penalty as provided in this Act; and
  (e) on a reference made by the Central Government in respect of the breach in observance of the provisions of
  sub-section (2) of section 37 by an intermediary, to inquire into such breach and impose penalty as provided in
  this Act.

(2) The Board may, for the effective discharge of its functions under the provisions of this Act, after giving the
person concerned an opportunity of being heard and after recording reasons in writing, issue such directions as it
may consider necessary to such person, who shall be bound to comply with the same.

(3) The Board may, on a representation made to it by a person affected by a direction issued under sub-section (1)
or sub-section (2), or on a reference made by the Central Government, modify, suspend, withdraw or cancel such
direction and, while doing so, impose such conditions as it may deem fit, subject to which the modification,
suspension, withdrawal or cancellation shall have effect.