India’s Telecom Tribunal Expands Mandate to Address Digital Privacy Cases

India’s Telecom Tribunal Expands Mandate to Address Digital Privacy Cases

Introduction

India's digital landscape is evolving rapidly, bringing new challenges in data privacy and protection. In response, the government has designated the Telecom Disputes Settlement and Appellate Tribunal (TDSAT) as the appellate authority for data protection disputes under the Digital Personal Data Protection (DPDP) Act, 2023. This move signifies a major expansion of TDSAT’s mandate, traditionally focused on telecommunications, broadcasting, and IT disputes.

Why the Change?

With the increasing digitization of services and growing concerns over data misuse, India needed a dedicated appellate body to handle grievances related to privacy violations. Instead of creating a separate tribunal, the government decided to leverage TDSAT’s existing infrastructure. However, this shift brings challenges that need urgent reforms.

Key Challenges for TDSAT

1. Lack of Data Privacy Expertise

TDSAT has expertise in telecom regulations, but data protection laws involve complex privacy rights, consent mechanisms, and cybersecurity issues. The tribunal must include members with backgrounds in data privacy, technology law, and cybersecurity.

2. Increasing Caseload

As of early 2025, TDSAT already had a backlog of telecom disputes. With thousands of potential data privacy appeals, the caseload could overwhelm the tribunal, leading to delays in justice.

3. Need for Digital Infrastructure

The DPDP Act mandates digital filing of appeals, but TDSAT’s current system is not fully optimized for handling large-scale digital complaints. A modern case management system is required for smooth processing.

4. Ensuring Transparency & Public Trust

Unlike telecom cases, data privacy disputes impact individual rights. Regular public disclosures, case reports, and clear procedural guidelines will be essential to build trust in the system.

Proposed Reforms for Effective Handling

To ensure TDSAT can efficiently manage data protection cases, several key reforms must be implemented:Amend TDSAT’s Membership Criteria: Appoint experts in privacy law, cybersecurity, and digital governance.Expand Tribunal Capacity: Increase the number of benches and members to prevent case backlogs.Upgrade Digital Systems: Implement AI-powered case tracking and a user-friendly digital complaint portal.Public Awareness Campaigns: Educate citizens about their data rights and the appeal process.

Conclusion

TDSAT’s expanded role is a crucial step in India’s data governance framework, but it needs structural upgrades, expert appointments, and technological improvements. If implemented effectively, these reforms can ensure fast, fair, and transparent resolution of data protection disputes, strengthening digital privacy rights in India.