Section 26 - Powers of Chairperson

Structured summary

Section 26 assigns the Chairperson responsibility for the Board’s administrative supervision, initial scrutiny arrangements and allocation of the Board’s proceedings among individual Members or groups of Members.

The provision enables the Board to function through distributed case management rather than requiring every matter to be handled collectively by the entire Board. Section 26 has been in force since 13 November 2025.

1. General superintendence over administrative matters

The Chairperson exercises general superintendence and gives directions concerning all administrative matters of the Board.

This includes overall oversight of the Board’s institutional administration, such as:

• organisation and management of Board business;

• internal administrative coordination;

• case-flow and records management;

• functioning of the digital office;

• allocation and supervision of administrative work.

The power concerns administrative matters. It does not authorise the Chairperson to dictate how another Member or group of Members must decide the merits of a proceeding lawfully allocated to them.

Section 26(a) must therefore be distinguished from the Board’s adjudicatory powers under Sections 27 and 28. The Chairperson manages and directs the Board’s administration, while the Member or group authorised to conduct a proceeding exercises the relevant adjudicatory functions.

The Chairperson’s administrative power must also be exercised consistently with:

• the DPDPA;

• the DPDP Rules;

• collective meeting procedures under Section 23 and Rule 19;

• the powers assigned specifically to the Board or its Members.

2. Authorisation of an officer to scrutinise incoming matters

The Chairperson may authorise an officer of the Board to scrutinise:

• an intimation;

• complaint;

• reference; or

• correspondence addressed to the Board.

This enables preliminary examination of documents and communications received by the Board before they are placed before the appropriate Member or group of Members.

Scrutiny may involve checking matters such as:

• whether the communication is addressed to the Board;

• whether required particulars or documents have been supplied;

• whether the matter falls within a statutory category;

• whether a procedural defect requires correction;

• how the matter should be routed internally.

The authorised officer performs a screening and administrative function. Section 26(b) does not confer an independent power on that officer to:

• decide the merits of a complaint;

• determine that a breach has occurred;

• impose a monetary penalty;

• exercise functions reserved for the Board or its Members.

Any rejection or disposal must have a legal basis under the Act and must be made by the person or body authorised to exercise that function. Administrative scrutiny should not be treated as substantive adjudication.

The provision refers to an officer of the Board. It does not expressly authorise the Chairperson to assign this statutory scrutiny function to an external contractor merely because that contractor supports the Board’s systems.

3. Authorisation of Members to perform Board functions

The Chairperson may authorise:

• an individual Member; or

• a group of Members, to perform any function of the Board and conduct its proceedings.

This permits the Board to function through Members or groups instead of requiring the full Board to conduct every matter.

A group of Members may effectively operate as a bench for the proceeding allocated to it, although Section 26 itself uses the expression “groups of Members” rather than formally defining “bench.”

The Chairperson decides:

• which Member or group will conduct the proceeding;

• which Board function is assigned;

• how proceedings are distributed.

This supports specialisation and efficient case management. A legally or technically complex proceeding may be allocated to Members whose expertise is suitable for the matter.

4. Allocation of proceedings

The Chairperson may allocate proceedings among individual Members and groups of Members.

This is an administrative allocation power. It determines who will hear and decide the matter on behalf of the Board.

The Chairperson’s allocation does not predetermine:

• the factual findings;

• interpretation of law;

• directions issued;

• monetary penalty;

• final outcome.

Once a matter has been validly allocated, the authorised Member or group must conduct it in accordance with the Act, Rules and principles governing fair proceedings.

Allocation should also respect conflict-of-interest requirements. A proceeding should not be assigned to, or continued before, a Member who has an interest capable of affecting impartial performance.

5. Limits on delegation

Section 26 permits the Chairperson to authorise an individual Member or group of Members to perform Board functions. It does not authorise unrestricted delegation to:

• officers or employees;

• consultants;

• technology providers;

• external professionals;

• private organisations.

Officers may scrutinise incoming matters under Section 26(b), but substantive Board functions and proceedings under Section 26(c) must be assigned to Members.

Similarly, the Chairperson cannot delegate powers that the Act assigns personally and exclusively to the Chairperson unless the Act provides otherwise.

6. Interaction with Section 23

Section 23 and Section 26 have distinct roles:

• Section 23 governs meetings, collective Board business, voting, quorum, authentication and temporary discharge of the Chairperson’s functions.

• Section 26 governs administrative supervision, preliminary scrutiny and allocation of functions and proceedings.

Where the Chairperson is temporarily unable to act due to absence, illness or another cause, Section 23(3) permits the senior-most Member to discharge the Chairperson’s functions. This includes the Section 26 functions necessary during that period.

Where the Chairperson is absent only from a particular Board meeting, Rule 19 permits the Members present to select another Member to chair that meeting. Merely chairing one meeting does not automatically transfer all Section 26 powers to that Member.

7. Relationship with the Board’s collective powers

Although Section 26 permits distributed functioning, the Data Protection Board remains the statutory institution responsible under the Act.

An order made by a duly authorised Member or group of Members is an order of the Board, provided that:

• the allocation was lawful;

• the Member or group acted within the assigned function;

• the applicable procedure was followed.

The Chairperson’s allocation power does not create separate independent authorities outside the Board.

Conclusion

Section 26 places the Chairperson at the centre of the Board’s administration and allocation of work.

The Chairperson may:

• supervise and direct all administrative matters;

• authorise an officer to scrutinise communications received by the Board;

• assign Board functions and proceedings to an individual Member or group of Members;

• allocate proceedings among those Members or groups.

These powers facilitate efficient institutional management but do not confer unlimited substantive control over the outcome of proceedings. Officers may conduct preliminary scrutiny, while adjudicatory and other Board functions must be performed by duly authorised Members.

Key point

In substance, Section 26 enables the Chairperson to manage the Board’s administration and distribute its proceedings efficiently, while preserving the distinction between administrative control, preliminary scrutiny and independent performance of statutory functions by authorised Members.