Section 42 Indian Data Protection Act 2019

Composition and qualifications for appointment of Members

42. (1) The Authority shall consist of a Chairperson and not more than six whole-time Members, of which one shall be a person having qualification and experience in law.

(2) The Chairperson and the Members of the Authority shall be appointed by the Central Government on the recommendation made by a selection committee consisting of

(a) the Cabinet Secretary, who shall be Chairperson of the selection committee;

(b) the Secretary to the Government of India in the Ministry or Department dealing with the Legal Affairs; and

(c) the Secretary to the Government of India in the Ministry or Department dealing with the Electronics and Information Technology.

(3) The procedure to be followed by the Selection Committee for recommending the names under sub-section (2) shall be such as may be prescribed.

(4) The Chairperson and the Members of the Authority shall be persons of ability, integrity and standing, and shall have qualification and specialised knowledge and experience of, and not less than ten years in the field of data protection, information technology, data management, data science, data security, cyber and internet laws, public administration, national security or related subjects.

(5) A vacancy caused to the office of the Chairperson or any other member of the Authority shall be filled up within a period of three months from the date on which such vacancy occurs.