Reforms for telecom tribunal data protection appeals

Criticisms of the Draft Rules
• The Union government’s discretion to appoint members to the Data Protection Board (DPB) raises concerns about the separation of powers and independence of the DPB.
• The Act and draft Rules state that appeals from the DPB’s decisions will be filed digitally before the Telecom Disputes Settlement and Appellate Tribunal (TDSAT).

Third Institutional Reforms
• The appointment of a technical member with expertise in data protection is necessary.
• The TDSAT must have the capacity to hear and dispose of appeals.
• The TDSAT is currently dealing with an overburdened docket with 3,448 pending cases between February 2020 and February 2025.
• The absence of a judicial member is concerning, as the Supreme Court of India has reiterated the importance of judicial members on tribunals’ benches.

Updating Digital Infrastructure
• The TDSAT must undertake technological updates to satisfy the provisions of the Act.
• The draft Rules propose that appeals will be filed in digital form, but the TDSAT’s website does not instill public confidence.
• The TDSAT has implemented a new “legal cases management system” but the impact on the TDSAT’s caseload is unclear.

TDSAT’s Accountability
• The TDSAT must undertake institutional reforms to effectively discharge its functions under the Act.
• Annual reports should be published to ensure accountability and provide information on the number of appeals filed, allowed or dismissed, pending appeals, and key issues involved in each appeal.