Rule 4, Consent Manager registration
In short
Rule 4 sets the registration procedure. A person who fulfils the conditions in Part A of the First Schedule may apply to the Board by furnishing the particulars, information and documents the Board publishes on its website. The Board may inquire as it sees fit, and then either register the applicant and publish its particulars, or reject the application with reasons communicated to the applicant.
The obligations that follow registration are in Part B of the First Schedule.
01The Board's supervisory powers
| Sub rule | Power |
|---|---|
| 4(2) | Inquire into the application, then register or reject with reasons |
| 4(4) | Where the Board is of the opinion that a Consent Manager is not adhering to its conditions and obligations, inform it of the non adherence after an opportunity of being heard, and direct it to take measures to ensure adherence |
| 4(5) | In the interests of Data Principals, after an opportunity of being heard and by a reasoned written order, suspend or cancel registration and give such directions as the Board deems fit |
| 4(6) | Require the Consent Manager to furnish information |
Every adverse step under Rule 4 carries an opportunity of being heard, and the suspension or cancellation power requires reasons to be recorded in writing.
02Where the substantive conditions live
Rule 4 itself is procedural. The conditions for registration and the ongoing obligations are in the First Schedule, which sets among other things the requirement that the applicant be a company incorporated in India with net worth of not less than two crore rupees, the requirement that the Consent Manager cannot read the contents of the data it routes, the seven year record retention obligation, the bar on sub contracting, and the requirement of previous Board approval before control of the company changes.
03Common questions
Who registers Consent Managers?
The Data Protection Board of India, on application, under Rule 4.
Can registration be cancelled?
Yes, under Rule 4(5), in the interests of Data Principals, after an opportunity of being heard and by order with reasons recorded in writing.
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