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CS Professional · Environmental, Social and Governance (ESG) - Principles and Practice · Data Governance

Under the DPDP Act, 2023, the Data Protection Board has told the Central Government it imposed monetary penalties on Lakshya Apps Pvt Ltd twice and advises blocking public access to its app in the public interest. Which describes the correct process under section 37, which relies on IT Act meanings?

The Central Government may act only on the Board's written reference about penalties imposed in two or more instances. After hearing the Data Fiduciary and recording reasons, it may direct an agency or intermediary to block access, and the intermediary must comply.

  1. AThe Central Government may block immediately without hearing the Data Fiduciary
  2. BThe Central Government may, on the Board's written reference, after hearing the Data Fiduciary and recording reasons, direct an agency or intermediary to block access, and the intermediary is bound to complyCorrect
  3. CBlocking is possible after a single penalty instance on the Board's oral advice
  4. DOnly the Board may issue the blocking order directly to the intermediary

Explanation

Section 37 needs a written reference from the Board noting penalty in two or more instances and advice to block in the public interest. The Government must give a hearing, be satisfied and record reasons, then direct blocking; intermediaries must comply. Terms like intermediary take IT Act meanings.

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