Privacy and Data Protection Lawyer in India

Privacy and Data Problems We Handle

Data misuse takes many forms, from a breach at a company you have dealt with to apps scraping your contacts without consent. Identifying the correct route, whether that is the grievance officer, the Board, the police, or a civil claim, depends on the specific problem.

• Data Breach at a Company You Deal With

  Where a bank, e-commerce platform, or service provider has suffered a breach affecting your data, we help you understand what was disclosed and the steps available to you.

  • Route: Breach notice review, grievance officer complaint, and compensation claim where loss is established.

• Personal Data Sold or Shared for Marketing and Spam

  Where your number or details have been shared without consent, resulting in unwanted calls or messages, we help you raise this with the organisation and, where appropriate, the Board.

  • Route: Grievance officer complaint and Board complaint under the DPDP Act.

• Loan and Other Apps Scraping Contacts and Photos

  Where an app has accessed contacts, photos, or other data beyond what is necessary or consented to, we help you document the permissions granted and pursue the appropriate complaint.

  • Route: Evidence preservation, grievance officer complaint, and Board complaint or police complaint where harassment follows.

• Refusal to Correct or Erase Data

  Where an organisation does not act on a correction or erasure request within the prescribed time, we help you escalate the matter.

  • Route: Written request followed by Board complaint on non-response.

• Photos or Details Posted Without Consent

  Where your photos or personal details have been posted online without your consent, we assess whether civil, criminal, or injunctive remedies are appropriate.

  • Route: IT Act and Bharatiya Nyaya Sanhita provisions, and injunction where continuing harm is shown.

• CCTV and Workplace Surveillance Beyond Purpose

  Where surveillance extends beyond its stated purpose, such as monitoring unrelated to safety or business need, we help you assess your position.

  • Route: Grievance to the data fiduciary and Board complaint, where applicable.

• Children's Data Processed Without Verifiable Parental Consent

  Where a platform processes a child's data without verifiable parental consent, we help parents or guardians raise the issue with the organisation and, where required, the Board.

  • Route: Grievance officer complaint and Board complaint, given the enhanced obligations for children's data under the Act.

• Identity Misuse from Leaked Data

  Where leaked data has been used for identity theft or fraud, we help you take the appropriate steps.

  • Route: Cybercrime complaint and coordinated action; see our [fraud and cybercrime legal services].

After a Data Breach: What You Are Entitled To

Where an organisation suffers a personal data breach, it is required to inform affected individuals and the Data Protection Board without delay, with a detailed report to the Board within 72 hours under the Rules. As an affected individual, you are entitled to know what data was compromised, what steps you should take, and, where you have suffered loss, to pursue compensation.

• What a breach notice must tell you: the nature of the breach, the categories of data affected, and the likely consequences
• Steps to protect your accounts and credit: changing passwords, enabling additional verification, and monitoring your credit report, see our [credit report and CIBIL dispute services]
• Evidence to preserve: the breach notification, correspondence with the organisation, and any resulting misuse such as spam or fraudulent transactions
• When to complain to the Board: where the organisation has not notified you appropriately or has not taken adequate remedial steps
• When a civil or IT Act claim is worth pursuing: where you can show actual loss resulting from the breach, since compensation depends on establishing that loss

Penalties Organisations Face

Under the Schedule to the DPDP Act, the Data Protection Board can impose penalties on an organisation for failing to take reasonable security safeguards, with a ceiling of up to ₹250 crore for such a contravention. Lower ceilings apply to failures such as inadequate breach notification, violations relating to children's data, and non-compliance with the additional obligations placed on Significant Data Fiduciaries. It is important to note that these penalties are paid to the government and do not go to the affected individual.

• Factors the Board considers: the nature, gravity and duration of the breach, the type of data involved, and whether the organisation took timely remedial action
• Voluntary undertakings: an organisation may offer a voluntary undertaking during proceedings, which the Board may accept in place of, or alongside, further action
• Appeal: an order of the Board can be appealed before the Telecom Disputes Settlement and Appellate Tribunal (TDSAT)
• No automatic compensation: a penalty imposed on the organisation does not by itself result in payment to you; a separate claim is required for that

If You Are a Business: Your Obligations in Brief

Every organisation that processes the digital personal data of individuals in India is a data fiduciary under the Act, with obligations relating to notice, consent, security safeguards, data retention, breach reporting, and handling of individual rights requests, to be fully in place by May 2027. Organisations classified as Significant Data Fiduciaries carry additional duties, including data protection impact assessments, periodic audits, and appointment of a Data Protection Officer.

• Conducting a data inventory to identify what personal data is collected and why
• Building compliant notice and consent flows for data collection
• Appointing a grievance officer and setting up a redressal process
• Preparing a breach response runbook, including the 72-hour reporting requirement
• Reviewing vendor and processor contracts for data protection obligations

Documents and Evidence

The documents that matter in a data protection complaint depend on the nature of the issue, but the following are commonly required:

• The consent form or privacy notice you were shown at the time
• Screenshots of account and app permissions granted
• Evidence of misuse, such as spam calls, messages, or unauthorised transactions
• The breach notification received from the organisation, if any
• Correspondence with the grievance officer or the organisation
• Evidence of loss suffered, such as financial records or account statements
• Identity proof for verification purposes

Cost and Time

Filing a grievance with an organisation's grievance officer and a complaint with the Data Protection Board does not involve a filing fee. A civil claim for compensation, on the other hand, carries the applicable court fee based on the amount claimed. We offer a ₹99 online lawyer consultation to help you understand the right route before proceeding.

On timelines, a grievance officer is expected to respond within the period prescribed under the Rules, while a Board inquiry can take several months depending on its workload and the complexity of the matter. These timelines are indicative and depend on the facts of each case, the forum involved, and the responsiveness of the other party.

Mistakes to Avoid

• Skipping the grievance officer step, approaching the Board directly without first raising the issue with the organisation may affect how your complaint is received
• Expecting compensation from the Board, the Board penalises the organisation; it does not award compensation to you
• Deleting the app before capturing permissions, this can remove important evidence of what data was accessed and how
• Agreeing to "delete your account" as full resolution, this may not address the data already collected, shared, or misused
• Not reporting identity misuse to 1930, the national cybercrime helpline can be important for time-sensitive financial fraud arising from a breach
• Filing a false or exaggerated complaint, data principals have a duty under the Act not to file frivolous or false complaints, and doing so can weaken your position

Why Choose Zolvit for Privacy and Data Protection: How Our Lawyers Help

Zolvit Consumer Lawyer help individuals and businesses navigate the DPDP Act, the IT Act, and consumer law together, since a single data protection issue can often be pursued through more than one route depending on the facts.

• Rights Assessment at ₹99
• Grievance and Board Complaints
• Erasure, Correction and Access Demands
• Breach Response and Compensation Claims
• Police and Injunction Where Content Is Posted
• Business Compliance Advisory

• Why Zolvit

  • DPDP, IT Act and consumer routes combined for the strongest available remedy
  • Complaints drafted to match the Rules, reducing the risk of rejection on technical grounds
  • Compensation pursued only where a claim genuinely exists, based on demonstrable loss
  • Businesses guided toward compliance ahead of the 2027 enforcement deadline