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Information Technology Central Ministry of Law and Justice Information Technology Act, 2000

The Digital Personal Data Protection Act, 2023

11-Aug-2023 | 248045

Ministry of Law and Justice has issued a Notification regarding the introduction of the Digital Personal Data Protection Act, 2023. The new law applies to the handling of digital personal information within India and covers data processing activities outside India if they are connected to providing goods or services to individuals within India. By virtue of the Act, individuals are only allowed to process personal data belonging to someone else (referred to as the Data Principal) if it aligns with the regulations outlined in the Act and serves a legitimate purpose. According to the law: 1. The term Data Fiduciary pertains to any person who alone or in conjunction with other persons determines the purpose and means of processing of personal data. 2. The term Data Principal refers to the individual to whom the personal data pertains. For example, if the data concerns a child, this includes their parents or guardian. Similarly, if the data relates to a person with a disability, it involves their guardian. 3. Data Processor denotes an individual who processes personal data on behalf of a Data Fiduciary. 4. Whenever seeking consent from a Data Principal, the Data Fiduciary must provide them with information about the purpose and manner of data processing, their rights, and the process for lodging complaints with the Board. 5. If the personal data of a child or a person with a disability is being processed, obtaining consent from their parent or guardian is mandatory. The Data Principal retains the right to request information from the Data Fiduciary about the data being processed, the entities with which it has been shared, and other pertinent details. Please note that the Act will come into effect on a date notified by the government. Different provisions of the Act might have different commencement dates, and any reference to the commencement of the Act within a specific provision pertains to the coming into force of that particular provision.

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