Advocate Nitesh Mehra has asked the Bar Council of India to add a consent clause to the standard Vakalatnama form, aiming to align the document with the Digital Personal Data Protection Act, 2023.
Request targets a century‑old legal instrument
The representation, addressed to the council’s chairman, was filed by Mr. Mehra, an advocate with sixteen years of practice in Delhi and a member of the Delhi High Court Bar Association. It argues that the Vakalenama – the official record that authorizes a lawyer to appear for a client – is the most appropriate place to capture client consent for digital data handling.
Under Section 2(u) of the Advocates’ Welfare Fund Act, 2001, the Vakalenama serves as proof of an advocate’s authority to act on behalf of a party. Yet the form, according to the filing, does not mention the processing of personal or professional data through cloud services, e‑filing portals, or AI‑driven research tools.
Mehra points out that uploading a client’s documents to a cloud platform, sharing them with a legal‑tech vendor, or using an AI research tool qualifies as “processing of personal data” under Section 2(x) of the DPDP Act.
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Without an express consent clause, the client’s data lacks a documented lawful basis and the lawyer may face accusations of breaching confidentiality or the DPDP Act.
Legal backdrop and proposed wording
The filing cites the Bar Council’s rule‑making authority under Section 49 of the Advocates Act, 1961, and notes that existing confidentiality rules and professional privilege provisions predate digital technologies. It also references Section 6 of the DPDP Act, which mandates free, specific, informed consent, though the detailed rules are not expected to be final until 2025.
Mehra proposes the following clause be inserted into every Vakalenama:
“I/We hereby expressly give consent to authorize the Advocate(s)/Law Firm to collect, process, store, use, disclose, and transfer my/our Personal data through secure digital platforms, including court e-filing systems, cloud storage, legal technology applications, AI-assisted legal tools, and secure communication platforms, solely for the purposes of legal representation, legal research, drafting, court proceedings, and compliance with applicable law. Such processing shall be limited to what is necessary and shall be carried out in accordance with the Digital Personal Data Protection Act, 2023, including Section 16 thereof and any rules, notifications, or directions issued thereunder from time to time by Central Government.”
The clause would sit directly below the authorisation part of the Vakalenama and above the client’s signature, with language adapted to regional vernacular formats prescribed by High Courts.
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It also suggests safeguards such as notice under Section 5 of the DPDP Act, a right to withdraw consent under Section 6(4), and parental consent where the client is a minor or legally disabled, in line with Section 9 of the Act.
In practice, this amendment could mean that a client signing a Vakalenama would see a clear statement about how their data might be stored or analyzed, reducing surprise and giving them a straightforward way to opt out if they choose.
The move seeks clarity.
Potential impact on the profession
Mehra concludes that adding the consent clause would benefit clients by providing transparency, protect advocates from allegations of data misuse, and show the Bar’s willingness to adapt its foundational documents to a digitising justice system. He urges the council to examine the amendment, issue guidelines, and consider any further steps needed to safeguard the professional interests of lawyers across India.