Rule 22: Appeal to Appellate Tribunal
Rule 22 is where you go if you disagree with a Data Protection Board order — how to appeal, what it costs, and how the Appellate Tribunal is expected to run the process.
Quick summary
What Rule 22 says
- Any person aggrieved by an order or direction of the Board may appeal to the Appellate Tribunal, filed in digital form as the Tribunal decides.
- The appeal must be accompanied by a fee equivalent to that applicable under the Telecom Regulatory Authority of India Act, 1997, payable digitally via UPI or another RBI-authorised payment system, unless reduced or waived by the Tribunal's Chairperson at her discretion.
- The Appellate Tribunal isn't bound by the Code of Civil Procedure, 1908, but is guided by principles of natural justice and can regulate its own procedure, subject to the Act's provisions.
- The Tribunal can function as a digital office, exercising the same summons/ attendance/examination powers, without requiring physical presence.
Breaking it down
Three things worth knowing if you're actually considering an appeal:
Filing is digital by design. Consistent with the Board and Tribunal's overall digital-first approach (see Rule 20), appeals are filed digitally rather than requiring physical paperwork submission.
The fee has a real-world anchor — and a waiver route. Rather than inventing a new fee schedule, the Rule pegs the appeal fee to what's charged under the Telecom Regulatory Authority of India Act framework, paid through UPI or another RBI-authorised digital payment method. Critically, the Tribunal's Chairperson can reduce or waive that fee at her discretion — meaning cost isn't necessarily a fixed barrier to appeal.
Natural justice, not rigid civil procedure. The Tribunal isn't tied down by the formal Code of Civil Procedure that ordinary civil courts follow. It's expected to be guided by principles of natural justice instead — generally meaning a more flexible, faster process than a standard civil lawsuit, while still requiring fairness (like a genuine opportunity to be heard).
Why this rule matters
Knowing there's a real, accessible appeal route — digital filing, a capped and waivable fee, and a less rigid procedural framework than ordinary courts — matters for any organisation or individual who disagrees with a Board decision and needs to actually understand what pursuing that disagreement looks like in practice.
Real-world example
Who needs to care about this rule
- Any organisation or individual disagreeing with a Board order or direction and considering an appeal.
- Legal teams weighing the cost and process of pursuing an appeal.
Common questions
Can the appeal fee be waived?
Does the Tribunal follow the same procedure as a regular civil court?
Do I need to appear in person to pursue an appeal?
Related rules
Rule 21 — Terms and Conditions of Appointment and Service of Officers and Employees of Board
Read the previous rule in sequence.
Read Rule 21Rule 23 — Calling for Information From Data Fiduciary or Intermediary
Continue to the next rule in sequence.
Read Rule 23Full DPDP Rules Guide
Back to the overview page, with the complete rule-by-rule guide and Schedules at a glance.
View all 23 rulesDPDP Penalties
What penalties the Board can impose, and how an appeal to the Tribunal fits into that process.
Read about penalties
