Strengthening TDSAT for data protection dispute resolution

Source: The post Strengthening TDSAT for data protection dispute resolution has been created, based on the article “Telecom tribunal reforms to handle data protection pleas” published in “The Hindu” on 20 March 2025. Strengthening TDSAT for data protection dispute resolution.

UPSC Syllabus Topic: GS Paper2- Governance-Statutory, regulatory and various quasi-judicial bodies.

Context: In January 2025, 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. One of the major concerns regarding the draft rules is the government’s control over appointments to the Data Protection Board (DPB), which could compromise its independence. Another issue is the feasibility of the dispute resolution mechanism, as appeals from the DPB will be handled by the Telecom Disputes Settlement and Appellate Tribunal (TDSAT). The article highlights key institutional reforms needed to equip the TDSAT for this role.

About TDSAT

1. Telecom Disputes Settlement & Appellate Tribunal (TDSAT) was established in 2000 by the Government of India under the Telecom Regulatory Authority of India Act, 1997 (TRAI Act)
2. Objective: To adjudicate disputes and hear appeals related to telecom, broadcasting, and information technology services in India.

For detailed information on TDSAT read this article here

Evolution of the Appellate Mechanism

1. The Justice B.N. Srikrishna Committee (2018) recommended establishing a separate tribunal for data protection disputes, recognizing the need for specialized adjudication.
2. In line with this, the 2018 Personal Data Protection Bill proposed setting up a dedicated tribunal.
3. However, the 2022 draft Bill shifted appeals to High Courts, possibly to ensure stronger judicial oversight.
4. The final 2023 Act designated TDSAT as the appellate body, raising concerns about its lack of data protection expertise and existing backlog.

Key Issues with TDSAT

1. Lack of Data Protection Expertise: TDSAT members are required to have expertise in technology, telecom, industry, commerce, or administration (Section 14C, TRAI Act, 1997), but not in data protection. Data protection issues, like consent, storage, and unauthorized use of data, are distinct from telecom matters.
2. Heavy Case Backlog: As of February 2025, 3,448 cases are pending. Additional cases under the Telecommunications Act, 2023, and Digital Personal Data Protection Act, 2023, will further burden TDSAT.
3. Judicial Member Shortage: In January 2025, TDSAT had only one technical member on its sole bench, lacking a judicial member, which the Supreme Court recommends for tribunals.
4. Weak Digital Infrastructure: Digital appeals are mandated, but TDSAT’s website is inefficient. The Legal Cases Management System’s impact is unclear (TRAI Annual Report, 2023).
5. Lack of Transparency: TDSAT does not publish detailed annual reports on appeals, decisions, and case categories.

Needed Reforms

1. Appoint a Data Protection Expert in TDSAT: Amend Section 14C of the TRAI Act, 1997 to include data protection expertise in member qualifications. This is necessary as data protection cases differ from telecom disputes.
2. Increase TDSAT’s Capacity: 3,448 cases were pending (Feb 2020–Feb 2025). The Telecommunications Act, 2023will add more cases. Expand benches and budget to meet the six-month deadline.
3. Upgrade Digital Infrastructure: The Legal Cases Management System’s impact is unclear. Improve website navigation, case tracking, and digital filings.
4. Ensure Transparency: Publish annual reports detailing appeals, outcomes, and case types (telecom, broadcasting, data protection).

Question for practice:

Examine the key institutional reforms needed to equip the Telecom Disputes Settlement and Appellate Tribunal (TDSAT) for handling data protection appeals under the Digital Personal Data Protection Act, 2023.