MeitY’s draft Digital Personal Data Protection Rules 2025 mandate TDSAT reforms, including appointing a data protection technical expert, expanding capacity to dispose of appeals within six months despite a 3,448-case backlog, and upgrading digital infrastructure for secure filings. TDSAT’s overhaul is vital for telecom dispute resolution under the TRAI Act.
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The Ministry of Electronics and Information Technology (MeitY) released the draft Digital Personal Data Protection Rules 2025, under the Digital Personal Data Protection Act, 2023.
Appointment of a Technical Member
Current legislation, under Section 14C of the Telecom Regulatory Authority of India Act, 1997, requires members to have expertise in technology, telecommunications, industry, commerce, or administration, but does not explicitly mention data protection.
Data protection involves separate legal and technical challenges, such as interpreting provisions on consent, data access, and unauthorized use. These matters require a deep understanding of privacy principles and data protection laws.
The reform focuses on ensuring TDSAT has a technical member with specialized knowledge in data protection.
Increasing Capacity to Swiftly Dispose of Appeals
TDSAT’s current capacity is a concern, given its backlog of 3,448 pending cases from February 2020 to February 2025. This figure highlights the tribunal’s existing burden, which is set to increase with data protection appeals and those under the Telecommunications Act, 2023.
In January 2025, TDSAT operated with only one member, a technical person, lacking a judicial member, which violates Supreme Court directives stressing the need for judicial members on tribunal benches.
The draft rules mandate a 6 month disposal timeline for appeals, which seems unrealistic given the current caseload. To address this, TDSAT needs to increase budget allocations to hire more members, and establish more benches to manage the workload.
Updating Digital Infrastructure
The DPDP Act and draft rules require appeals to be filed digitally, however, recent assessments suggest that TDSAT’s website lacks public confidence, with navigation and access to case information needing improvement.
The TRAI Annual Report for 2023 mentions the implementation of a new “legal cases management system,” but its impact on caseload management remains unclear.
To meet the Act’s requirements, TDSAT must enhance its digital infrastructure, ensuring a secure, efficient system for filing appeals, tracking cases, and accessing documents.
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The Telecom Disputes Settlement and Appellate Tribunal (TDSAT) is a quasi-judicial body in India, established under the Telecom Regulatory Authority of India (TRAI) Act, 1997, to adjudicate disputes and dispose of appeals in the telecommunications sector. Its primary role is to protect the interests of service providers and consumers while promoting the orderly growth of the telecom industry. |
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