[Answered] Discuss the need for reforms in the Telecom Disputes Settlement and Appellate Tribunal (TDSAT) in light of evolving data protection concerns. How can these reforms strengthen India’s digital governance framework?

The Telecom Disputes Settlement and Appellate Tribunal (TDSAT) plays a key role in resolving disputes in the telecom, broadcasting, and information technology sectors. With the enactment of the Digital Personal Data Protection (DPDP) Act, 2023, TDSAT has been designated as the appellate authority for decisions made by the Data Protection Board (DPB).

Need for Reforms in TDSAT

• Appointment of a Technical Member with Data Protection Expertise
  • The TDSAT currently lacks a specialized member with expertise in data protection and privacy laws. Under Section 14C of the TRAI Act, 1997, members are required to have experience in technology, telecom, industry, commerce, or administration.
  • To address this gap, an amendment to the TRAI Act is necessary to ensure that at least one member has expertise in data protection and digital rights.
• Addressing the Caseload and Expanding Tribunal Capacity
  • TDSAT is already overburdened with 3,448 pending cases between 2020 and 2025. The newly enacted Telecommunications Act, of 2023 will further increase its workload, making it unrealistic to dispose of data protection appeals within six months, as mandated by the DPDP Act.
  • The absence of a judicial member is also a significant concern, as the Supreme Court has emphasized the need for judicial members in tribunals to uphold fairness in adjudication.
  • Proposed reforms:
    • Increased budget allocation for establishing new TDSAT benches to handle data protection cases separately.
    • Appointment of additional judicial members to ensure fair and legally sound decision-making.
  • Upgrading Digital Infrastructure for Efficient Appeals Processing
    • The draft DPDP Rules mandate that all appeals be filed digitally, but TDSAT’s current digital infrastructure is inadequate for smooth online case management.
    • The TRAI Annual Report 2023 mentions a “legal case management system,” but its implementation status is unclear.
    • Proposed reforms:
      • Implement a robust case management system for seamless digital filings, tracking of appeals, and real-time case updates.
      • Improve public access to case records and tribunal decisions to enhance transparency and accountability.

Strengthening India’s Digital Governance Framework

• Ensuring Consumer Protection – A well-functioning tribunal will provide timely redressal for individuals facing data privacy violations.
• Strengthening Legal Enforcement – Faster adjudication will ensure compliance with data protection laws and create a deterrent effect against violations.
• Boosting Investor Confidence – A specialized and efficient appellate system will encourage digital businesses to invest in India, knowing there is a strong dispute resolution mechanism.
• Alignment with Global Standards – Strengthening TDSAT’s data protection capacity will bring India’s regulatory framework in line with international best practices like GDPR.

Conclusion

TDSAT requires urgent institutional reforms to effectively handle data protection appeals. These changes will enhance India’s digital governance, protect individual privacy rights, and ensure effective enforcement of the DPDP Act, of 2023.