Section 36: Power to Call for Information
Section 36 gives the Central Government a broad, standing power to demand information from the Board and from any Data Fiduciary or intermediary, for the Act's purposes.
Quick summary
What Section 36 says
- Section 36 — the Central Government may, for the purposes of this Act, require the Board and any Data Fiduciary or intermediary to furnish such information as it may call for.
Breaking it down
This is a short, general-purpose information-gathering power, distinct from the Board's own case-specific inquiry powers under Section 28 — it belongs to the Central Government directly, and isn't tied to any particular ongoing complaint or breach.
The power reaches both the Board and regulated entities. It's not limited to information from Data Fiduciaries or intermediaries — the Central Government can also call for information directly from the Board itself, which is relevant for oversight of the regulator, not just of regulated organisations.
“For the purposes of this Act” is the scoping limit. The power isn't unbounded — information calls need to connect to purposes under the DPDP Act itself, though the section doesn't further narrow what counts as such a purpose.
This complements, but is legally distinct from, Section 37's direction power. Section 36 is about gathering information; Section 37 (the next section) is about acting on specific information already received from the Board to potentially direct blocking of public access — they're related but separate powers.
Why this section matters
Effective oversight of a new regulatory framework requires the government to be able to gather information about how it's actually functioning — both from the Board administering it and from the organisations it regulates. Section 36 provides that general information-gathering authority.
Real-world example
A hypothetical use of this power
As part of a periodic review of how the DPDP framework is functioning in its first years of substantive enforcement, the Central Government could use Section 36 to:
- Request aggregate data from the Board — about inquiry volumes, resolution times, and penalty patterns.
- Request information directly from specific large Data Fiduciaries or intermediaries — about their compliance processes, independent of any specific complaint or inquiry against them.
Who needs to care about this section
- The Board — subject to the Central Government's information-gathering power under this section, alongside regulated entities.
- Data Fiduciaries and intermediaries — may be required to furnish information to the Central Government under this section, separate from any Board inquiry.
Common questions
Is this the same as the Board's power to gather evidence during an inquiry?
Can the Central Government request information from the Board itself?
Related sections
Section 37 — Power of Central Government to Issue Directions
Continue to the next section in sequence.
Read Section 37Section 35 — Protection of Action Taken in Good Faith
Go back to the previous section.
Read Section 35Chapter IX — Miscellaneous
See every section in this chapter together.
View the chapterFull DPDP Act Guide
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