Personal data has become one of the most valuable assets for businesses. At the same time, concerns around misuse, breaches, and lack of accountability have increased significantly.
To address these concerns, India introduced the Digital Personal Data Protection Act, 2023, which sets clear rules for how personal data should be collected, processed, and protected.
But what happens if someone is not satisfied with a decision related to their data rights?
This is where the concept of an Appellate Tribunal comes into play.
In this blog, we explain what the appellate tribunal is under DPDPA, how it works, and why it matters for both individuals and organizations.
What Is an Appellate Tribunal?
An appellate tribunal is a legal authority that reviews decisions made by another body.
Instead of going directly to higher courts, individuals can appeal to a specialized tribunal that focuses on specific types of disputes. This makes the process faster and more efficient.
In India, tribunals are commonly used in areas that require domain expertise, such as taxation, telecommunications, and environmental law.
Role of Appellate Tribunal Under DPDPA
Under the Digital Personal Data Protection Act, 2023, the appellate authority is the
Telecom Disputes Settlement and Appellate Tribunal.
This means:
- If a person is not satisfied with a decision made by the
Data Protection Board of India
they can file an appeal with TDSAT.
This creates a structured and fair system for resolving disputes related to personal data.
The Tiered Grievance Redressal Process
The DPDPA introduces a step-by-step complaint mechanism.
Step 1: Contact the Data Fiduciary
The individual must first raise the issue with the organization handling their data.
Step 2: Approach the Data Protection Board
If the response is unsatisfactory, the complaint can be escalated to the
Data Protection Board of India.
Step 3: Appeal to the Tribunal
If the individual is still not satisfied, they can approach
Telecom Disputes Settlement and Appellate Tribunal.
This structured approach ensures that issues are resolved at the appropriate level before escalating further.
Why TDSAT Was Chosen as the Appellate Tribunal
The
Telecom Disputes Settlement and Appellate Tribunal
was originally established under the
Telecom Regulatory Authority of India Act, 1997.
It was designed to resolve disputes in the telecom sector between:
- Service providers
- Consumers
- Government authorities
Over time, TDSAT has developed expertise in handling complex technical and regulatory matters, which is why it has been assigned this role under DPDPA.
Composition of TDSAT:
- Chairperson: Retired Supreme Court Judge or Chief Justice of a High Court
- Members: Experts from government, telecom, technology, or administration
How the Appellate Tribunal Functions
Here’s how the appeal process works in practice:
Filing an Appeal
- Appeals must be submitted within 60 days of receiving the order
- A fee may apply
- Delayed appeals may be accepted with valid justification
Hearing Process
- Both parties are heard
- The tribunal reviews the case and evidence
- It can uphold, modify, or overturn the original decision
Timeframe
- Appeals should ideally be resolved within 6 months
- Delays must be documented with reasons
Further Appeal
- If still unsatisfied, the decision can be challenged in the
Supreme Court of India
within 90 days
Digital-First Approach
- The entire process is designed to be handled digitally wherever possible
Legal Authority
- The tribunal has powers similar to a civil court
- Its decisions are enforceable as legal orders
Concerns Around the Appellate Structure
While the system aims to streamline dispute resolution, some concerns have been raised.
Lack of Independence
Since tribunal members are appointed by the government, questions arise about neutrality, especially in cases involving government entities.
Limited Data Protection Expertise
TDSAT traditionally deals with telecom matters. Critics argue that it may lack deep specialization in data protection.
Short Tenure of Members
Short service terms may limit the ability to build long-term expertise in evolving areas like data privacy.
These concerns highlight the need for continuous evaluation of the system.
Why This Matters for Businesses
Organizations must understand the appellate process because:
- Customers now have stronger rights
- Complaints can escalate beyond internal handling
- Decisions can be legally challenged
- Non-compliance can lead to financial and reputational risks
A structured grievance mechanism is no longer optional. It is a core compliance requirement.
How Securis360 Inc. Supports DPDPA Compliance
At Securis360 Inc., we help organizations stay prepared by:
- Setting up grievance redressal frameworks
- Implementing consent management systems
- Conducting DPDPA readiness assessments
- Supporting DPIA and risk evaluations
- Training teams through awareness programs
Our goal is to help you stay compliant while building trust with your customers.
Final Thoughts
The introduction of an appellate tribunal under the Digital Personal Data Protection Act, 2023 adds an important layer of accountability.
It ensures that individuals have a clear path to seek justice if their data rights are violated.
For businesses, this means one thing:
You need to be prepared, transparent, and compliant at every stage of data handling.