Rule 19, meetings and inquiry timelines
In short
Rule 19 governs how the Board meets, decides and authenticates. The provision of most practical interest to a Data Fiduciary is the last one: an inquiry by the Board is to be completed within six months of receipt of the intimation, complaint, reference or direction under Section 27 of the Act, unless extended by the Board for reasons recorded in writing, for a further period not exceeding three months at a time.
01Meetings and decisions
| Sub rule | Provision |
|---|---|
| 19(1) | The Chairperson fixes the date, time and place of meetings, approves the agenda, and causes notice to be issued |
| 19(2) | Meetings are chaired by the Chairperson or, in her absence, by a Member chosen by those present |
| 19(3) | Quorum is one-third of the membership of the Board |
| 19(4) | Questions are decided by a majority of votes of Members present and voting, with a second or casting vote for the person chairing in the event of equality |
| 19(5) | A Member with an interest in an item may not participate or vote on it, and the decision is taken by a majority of the other Members present and voting |
| 19(6) | In an emergent situation where a meeting is not feasible, the Chairperson may act with reasons recorded in writing, communicated to all Members within seven days and laid before the Board for ratification at its next meeting |
| 19(7) | An item may be referred to Members by circulation and decided with the approval of a majority |
| 19(8) | Orders, directions and instruments may be authenticated under the signature of the Chairperson, any Member, or an individual authorised by general or special order in writing |
02The inquiry clock
Rule 19(9) puts an outer limit on how long an inquiry may run, and it starts on receipt of the intimation, complaint, reference or direction under Section 27 of the Act. Six months, extendable by the Board for recorded reasons in further periods of not more than three months at a time.
Note where the clock starts. An intimation of a personal data breach given to the Board under Rule 7 is one of the receipts capable of starting it.
03Common questions
How long does a Board inquiry take?
Rule 19(9) requires completion within six months of receipt of the intimation, complaint, reference or direction under Section 27, extendable by the Board for reasons recorded in writing by not more than three months at a time.
What is the quorum for a Board meeting?
One-third of the membership of the Board.
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