Section 44. Amendments to certain Acts

44. Amendments to certain Acts .—(1) In section 14 of the Telecom Regulatory Authority of India Act, 1997 (24 of 1997), in clause (c), for sub-clauses (i) and (ii), the following sub-clauses shall be substituted, namely:— "(i) the Appellate Tribunal under the Information Technology Act, 2000 (21 of 2000); (ii) the Appellate Tribunal under the Airports Economic Regulatory Authority of India Act, 2008 (27 of 2008); and (iii) the Appellate Tribunal under the Digital Personal Data Protection Act, 2023.". (2) The Information Technology Act, 2000 (21 of 2000) shall be amended in the following manner, namely:— (a) section 43A shall be omitted; (b) in section 81, in the proviso, after the words and figures "the Patents Act, 1970 (39 of 1970)", the words and figures "or the Digital Personal Data Protection Act, 2023" shall be inserted; and (c) in section 87, in sub-section (2), clause (ob) shall be omitted. (3) In section 8 of the Right to Information Act, 2005 (22 of 2005), in sub-section (1), for clause (j), the following clause shall be substituted, namely:— "(j) information which relates to personal information;". THE SCHEDULE |||THE SCHEDULE|| |---|---|---|---| |||[_See_section 33 (1)]|| |Sl.|No.|Breach of provisions of this Act or rules made|Penalty| |||thereunder|| ||(1)|(2)|(3)| ||1.|Breach in observing the obligation of Data Fiduciary to|May extend to two hundred| |||take reasonable security safeguards to prevent personal|and fifty crore rupees| |||data breach under sub-section (5) of section 8.|| ||2.|Breach in observing the obligation to give the Board or|May extend to two hundred| |||affected Data Principal notice of a personal data breach|crore rupees.| |||under sub-section (6) of section 8.|| ||3.|Breach in observance of additional obligations in|May extend to two hundred| |||relation to children under section 9.|crore rupees.| ||4.|Breach in observance of additional obligations of|May extend to one hundred| |||Significant Data Fiduciary under section 10.|and fifty crore rupees.| ||5.|Breach in observance of the duties under section 15.|May extend to ten thousand| ||||rupees.| ||6.|Breach of any term of voluntary undertaking accepted|Up to the extent applicable for| |||by the Board under section 32.|the breach in respect of which| ||||the proceedings under section| ||||28 were instituted.| ||7.|Breach of any other provision of this Act or the rules|May extend to fifty crore| |||made thereunder.|rupees.| STATEMENT OF OBJECTS AND REASONS Digital transactions have transformed economic as well as social interactions. Use of personal data for provision of services and other purposes is a common aspect of such transactions. In this context, protection of personal data has become a pre-requisite for growth of digital economy.