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DPDP Act 2023

Section 36

Power to Call for Information

THE STATUTE

Original Text

(1) The Central Government or the Board may call for any information from any person or class of persons in connection with the administration of this Act or the rules made thereunder. (2) Any person who has been asked to provide information under sub-section (1) shall provide such information within such time and in such manner as may be specified in the requisition.

Simplified

Section 36 gives both the Central Government and the Data Protection Board a broad information-gathering power — the ability to call for information from any person or class of persons in connection with the DPDP Act's administration. This is distinct from the Board's inquiry powers under Section 28 (which apply in the context of a specific complaint or investigation) — Section 36 is a general administrative information power that can be used proactively for regulatory oversight, market monitoring, and policy development. The Central Government's information power is particularly significant: it allows the government to require data from any entity — including Data Fiduciaries, Consent Managers, and third parties — for purposes of administering the Act and its rules. This could be used for: assessing which entities should be notified as Significant Data Fiduciaries; monitoring compliance across industry sectors; informing the development of DPDP Rules; and gathering evidence for policy decisions on cross-border transfers or exemptions. The Board's information power supplements its inquiry machinery — it can call for information even before a formal inquiry is launched, allowing preliminary assessment of whether a complaint merits investigation. The obligation to comply within specified time and manner means non-compliance is potentially a contravention of the Act, attracting penalties.

Common Queries

Yes. Section 36 gives the Board a general information-calling power that can be used proactively, without a formal inquiry being underway. The Board can use this for market monitoring and pre-inquiry assessment.
Failure to comply with a Board or government direction is a contravention of the Act. The Board can treat non-compliance as a contravention attracting penalties under Section 33.
Yes. Section 36(1) allows both the Central Government and the Board to call for information from 'any person or class of persons' — meaning sector-wide information calls are permitted. This could be used to conduct compliance surveys of e-commerce platforms, fintech companies, or healthcare providers.
Section 36 does not impose any use-limitation on information collected — it must be provided within the period specified in the requisition, but there is no statutory deadline on how long the government or Board may retain or use it. The DPDP Act's own principles of purpose limitation and storage limitation apply to how the Board handles the data it collects.

Legal Context

General information-gathering powers are standard regulatory tools across Indian economic law — the IT Act, Income Tax Act, SEBI Act, and RBI Act all confer similar powers. Section 36 gives the DPDP's regulators the same toolkit for data protection oversight.

Key Rules & Provisions

Dual power — both Central Government and Board can call for information.

General administrative use — not limited to specific inquiry or complaint context.

Mandatory compliance with timing and manner specified in requisition.

Related Case Laws

Income Tax Officer v. Lakhmani Mewal Das (1976)

(1976) 3 SCC 757
RELEVANCE

The Supreme Court held that information-gathering powers under regulatory statutes must be exercised for legitimate regulatory purposes and not as an instrument of harassment. This principle constrains Section 36's broad information-calling power — the Board and government must use the power for genuine regulatory purposes, not as a tool to pressurise Data Fiduciaries.