Rule 22 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Rule 22 says how a person aggrieved by an order or direction of the Data Protection Board of India appeals to the Appellate Tribunal. The appeal is filed in digital form, carries a fee of like amount as under the Telecom Regulatory Authority of India Act, 1997 unless reduced or waived, and is heard by a Tribunal that follows natural justice and works as a digital office.
Rule 22 is in the group that, under rule 1(4), comes into force eighteen months after the date of publication of the Gazette. Any person aggrieved by an order or direction of the Board may appeal to the Appellate Tribunal, filed in digital form as the Tribunal decides. The appeal comes with a fee of like amount as for an appeal under the Telecom Regulatory Authority of India Act, 1997, unless the Chairperson of the Tribunal reduces or waives it, payable digitally through the Unified Payments Interface or another RBI-authorised system. The amount is not in the Rules.
Rule 22 and the Act
Section 29 of the Act provides for an appeal to the Appellate Tribunal; see Section 29: appeal to the Appellate Tribunal and Section 29: Tribunal procedure, disposal time and further appeal. Rule 22 supplies the manner of filing, the fee and parts of the Tribunal's procedure. This article does not re-explain the section's time limits or the further appeal.
Rule 1(4) places rule 22 in the group that comes into force "eighteen months after the date of publication of this Gazette". Counting from the Gazette date of 13 November 2025, eighteen months end in mid-May 2027; confirm the exact date of publication before relying on a date. See rules 1 and 2.
Parties who think they may need to appeal should plan early, and a dispute resolution team can help with the grounds and the record.
Rule 22(1): who may appeal and how
"Any person aggrieved by an order or direction of the Board, may prefer an appeal before the Appellate Tribunal, it shall be filed in digital form as the Appellate Tribunal may decide."
Drafting slip: the sentence runs two clauses together with a comma ("may prefer an appeal ..., it shall be filed in digital form"). Read plainly: a person aggrieved by an order or direction of the Board may appeal; the appeal is filed in digital form as the Appellate Tribunal may decide.
Points from the text:
- Who: "any person aggrieved", not only the Data Fiduciary or Data Principal who was a party. The Rule does not narrow it.
- Against what: "an order or direction of the Board". A direction counts as well as an order.
- How: in digital form, "as the Appellate Tribunal may decide". The Tribunal decides the form; the Rules do not describe a portal or format.
Rule 22(2): the fee
"An appeal filed with the Appellate Tribunal shall be accompanied by fee of like amount as is applicable in respect of an appeal filed under the Telecom Regulatory Authority of India Act, 1997 (24 of 1997), unless reduced or waived by the Chairperson of the Appellate Tribunal at her discretion, and the same shall be payable digitally using the Unified Payments Interface or such other payment system authorised by the Reserve Bank of India."
| Element | Text |
|---|---|
| Fee | "like amount as is applicable in respect of an appeal filed under the Telecom Regulatory Authority of India Act, 1997 (24 of 1997)" |
| Relief | "unless reduced or waived by the Chairperson of the Appellate Tribunal at her discretion" |
| Payment | "payable digitally using the Unified Payments Interface or such other payment system authorised by the Reserve Bank of India" |
The amount is not stated in the Rules. Rule 22(2) says only "like amount", so the figure depends on what applies under the 1997 Act, which the Rules cite and do not describe. Nor does this article give a figure. For context on that Act, see TRAI Act, 1997: telecom regulation framework; it is background only.
The Chairperson of the Appellate Tribunal can reduce or waive the fee "at her discretion". The Rule gives no criteria and no application procedure. Payment is digital only: by UPI or another payment system authorised by the Reserve Bank of India.
Example (invented): Vistara Foods, a Data Fiduciary, is aggrieved by a direction of the Board. It files its appeal in digital form as the Appellate Tribunal decides, and pays the fee, equal to the amount applicable for an appeal under the 1997 Act, through UPI. A small NGO in a similar position could ask the Chairperson of the Appellate Tribunal to reduce or waive it, and the Chairperson decides at her discretion. The Rules contain no Illustration for rule 22; the example is ours.
Rule 22(3): procedure of the Appellate Tribunal
The Appellate Tribunal:
- (a) "shall not be bound by the procedure laid down by the Code of Civil Procedure, 1908 (5 of 1908), but shall be guided by the principles of natural justice and, subject to the provisions of the Act, may regulate its own procedure"; and
- (b) "shall function as a digital office which, without prejudice to its power to summon and enforce the attendance of any person and examine her on oath, may adopt techno-legal measures to conduct proceedings in a manner that does not require physical presence of any individual".
Clause (a): natural justice and its own procedure
The Tribunal is not bound by the Code of Civil Procedure, 1908; the Code is cited by name and number and not described. It is "guided by the principles of natural justice" and "subject to the provisions of the Act" may regulate its own procedure. The Rules do not list the principles of natural justice; they leave them to the Tribunal.
Clause (b): digital office
Drafting slip: like rule 20, clause (b) runs on. It says the Tribunal functions as a digital office, keeps its power to summon and examine on oath, and may adopt techno-legal measures for proceedings that need no physical presence. "Techno-legal measures" is defined in rule 2(1)(b) only by pointing to rules 20 and 22, so the Rules give no meaning of their own; see rules 1 and 2. The same working model for the Board is in rules 19(9) and 20.
What rule 22 does not say
- It does not state the time limit for filing; that is in the Act's section 29, covered in the section 29 articles above.
- It does not give the amount of the fee, only the "like amount" formula.
- It does not describe the Tribunal's portal or the form of digital filing.
- It does not say whether a hearing is online or in person; clause (b) says the Tribunal "may adopt" measures that do not need physical presence.
- It states no penalty.
Anything the Appellate Tribunal or the Board publishes later should be checked, along with later amendments and notifications.
Need help with an appeal?
An appeal turns on the Board's order, the record and the grounds. Talk to our dispute resolution team about the order you are challenging and what to prepare.
Key takeaways
- Rule 22 starts eighteen months after the date of publication of the Gazette (rule 1(4)).
- Any person aggrieved by an order or direction of the Board may appeal to the Appellate Tribunal, filed in digital form as it decides.
- The fee is of like amount as for an appeal under the Telecom Regulatory Authority of India Act, 1997; the Rules do not state the amount.
- The Chairperson of the Appellate Tribunal may reduce or waive the fee at her discretion.
- Payment is digital, by UPI or another RBI-authorised system.
- The Tribunal follows natural justice, regulates its own procedure and works as a digital office.
- Later amendments and notifications should be checked.
Read next
- Rules 19(9) and 20: six-month inquiry limit and the Board as a digital office
- Rule 23: calling for information and the Seventh Schedule
- Section 29 of the DPDP Act: appeal to the Appellate Tribunal
- TRAI Act, 1997: telecom regulation framework
Disclaimer: Based on the Digital Personal Data Protection Rules, 2025 as notified in the Gazette of India on 13 November 2025 (G.S.R. 846(E)), as consulted on 2 October 2026. The Rules come into force in three stages under rule 1; later amendments, notifications and anything published by the Data Protection Board of India should be checked. This article is general information, not legal advice; check the official text before acting.