IAS/UPSC Coaching Institute  

20 Mar 2025 : Telecom tribunal reforms to handle data protection pleas

Editorial 1: Telecom tribunal reforms to handle data protection pleas

Context

The Telecom Disputes Settlement and Appellate Tribunal must implement reforms as data protection becomes increasingly important in India's digital governance framework.

 

Introduction

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. However, the draft has faced criticism, especially regarding the Union government’s power to appoint members to the Data Protection Board (DPB). Since the DPB has quasi-judicial functions, many are concerned that government control over appointments could affect its independence and the separation of powers.

  • Appeals from DPB decisions must be filed digitally with the Telecom Disputes Settlement and Appellate Tribunal (TDSAT), as per the Act and draft Rules.
  • TDSAT is required to resolve appeals within six months.
  • The effectiveness of this system is uncertain, raising concerns about feasibility.
  • Three key reforms can help TDSAT handle DPB appeals more efficiently:
    • Appointing a technical member with expertise in data protection.
    • Increasing capacity to resolve appeals quickly.
    • Implementing technological upg

 

Need for a specialist

  • TDSAT needs a technical member with data protection expertise to handle sector-specific matters effectively.
  • Tribunals are specialized because they include technical members with sectoral knowledge.
  • Section 14C of the TRAI Act, 1997 states that a TDSAT member must have served as a Government Secretary (or equivalent) for at least two years or have expertise in technology, telecom, industry, commerce, or administration.
  • TDSAT is designed for telecom-related appeals, but data protection involves privacy laws, consent, data access, storage, transfer, and misuse, which are distinct from telecom issues.
  • Understanding data protection laws requires specialized knowledge, making it necessary to appoint a technical member with expertise in data privacy.
  • Amending Section 14C of the TRAI Act is required to include data protection expertise as a qualification for TDSAT members.

 

The burden of cases

Aspect

Details

Need to Assess TDSAT’s Capacity

If TDSAT is designated as the appellate tribunal for DPB, its ability to handle appeals efficiently must be evaluated.

Original Plan for Appeals

The 2018 Personal Data Protection Bill recommended setting up a new tribunal or giving powers to an existing tribunal, as suggested by the Justice B.N. Srikrishna Committee.

Changes Over Time

In 2022, a new Bill proposed High Courts as the appellate body, but this approach was questionable due to the already high workload of High Courts, leading to more tribunals.

Current Case Backlog in TDSAT

From Feb 2020 to Feb 2025, 3,448 cases remain pending, making it difficult to meet the Act’s six-month disposal timeline.

Additional Burden from the Telecom Act

The new Telecommunications Act will add more cases to TDSAT’s workload, further straining its capacity.

Limited Judicial Members

As of January 2025, TDSAT had only one technical member and lacked a judicial member, which is concerning since the Supreme Court has emphasized the need for judicial expertise in tribunals.

Challenges in Handling DPB Appeals

Given the existing case load and lack of judges, TDSAT may struggle to meet the timelines set in the draft Digital Personal Data Protection Rules, 2025.

Possible Solutions

Higher budget allocations and the creation of additional TDSAT benches could help reduce the backlog and improve efficiency.

 

Upgrade Digital Infrastructure

  • The TDSAT must modernize its technology to meet the requirements of the Act.
  • The draft Digital Personal Data Protection Rules, 2025 mandate that appeals be filed digitally.
  • However, the current TDSAT website is outdated and does not inspire public confidence.

 

Improve Website Functionality

  • The website should be improved for:
    • Better navigation and ease of use.
    • Increased access to details on pending and completed cases.
    • Efficient digital filing systems to handle appeals smoothly.

 

Implement an Effective Case Management System

  • The TRAI Annual Report 2023 mentions a "legal cases management system" introduced by TDSAT.
  • However, there is no clarity on its implementation status or impact on case backlog.
  • A strong digital system is crucial to manage the complexity and high volume of data protection appeals.

 

Institutional Reforms Needed in TDSAT

1. Appoint a Technical Member for Data Protection

  • A specialist in data protection should be added to ensure proper handling of privacy-related cases.

2. Increase Capacity to Dispose of Appeals

  • More benches and resources are needed to speed up appeal resolution.

3. Strengthen Accountability Through Annual Reports

  • TDSAT should publish yearly reports with details on:
    • Number of appeals filed, allowed, or dismissed.
    • Pending appeals and their status.
    • Key legal issues involved in each appeal.

These reforms will ensure TDSAT functions effectively under the Digital Personal Data Protection Act.

 

Conclusion

This information should be given for each type of case, such as telecom, broadcasting, and data protection. Since data protection is becoming more important in India's digital governance, TDSAT's ability to handle these cases well will be crucial for upholding the law and safeguarding individual rights.