Section 5, DPDP Act [S10-N2R]
As at 7 September 2026. Not commenced. Commencement appointed for 13 May 2027 by Notification G.S.R. 843(E): phased commencement of the Digital Personal Data Protection Act, 2023 [N11-6ZG].
(1) Every request made to a Data Principal under section 6 for consent shall be accompanied or preceded by a notice given by the Data Fiduciary to the Data Principal, informing her —
(i) the personal data and the purpose for which the same is proposed to be processed;
(ii) the manner in which she may exercise her rights under sub-section (4) of section 6 (withdrawal of consent) and section 13 (grievance redressal); and
(iii) the manner in which the Data Principal may make a complaint to the Board,
in such manner and as may be prescribed.
(2) Where a Data Principal has given her consent to the processing of her personal data before the date of commencement of this Act, the Data Fiduciary shall, as soon as it is reasonably practicable, give the Data Principal a notice informing her of the same particulars.
(3) The Data Fiduciary shall give the Data Principal the option to access the contents of the notice in English or any language specified in the Eighth Schedule to the Constitution.
Defined terms in this text (4)
data: Section 2, DPDP Act [S10MZ3] (In this Act, unless the context otherwise requires,— [...]): "data" means a representation of information, facts, concepts, opinions or instructions in a manner suitable for communication, interpretation or processing by human beings or by automated means
data: 5 more definitions.
Data Fiduciary: Section 2, DPDP Act [S10MZ3] (In this Act, unless the context otherwise requires,— [...]): "Data Fiduciary" means any person who alone or in conjunction with other persons determines the purpose and means of processing of personal data
Data Fiduciary: 3 more definitions.
Data Principal: Section 2, DPDP Act [S10MZ3] (In this Act, unless the context otherwise requires,— [...]): "Data Principal" means the individual to whom the personal data relates and, where such individual is a child, includes the parents or lawful guardian, and where a person with disability, includes her lawful guardian acting on her behalf [...]
personal data: Section 2, DPDP Act [S10MZ3] (In this Act, unless the context otherwise requires,— [...]): "personal data" means any data about an individual who is identifiable by or in relation to such data
personal data: 3 more definitions.
Made under this section, or naming it (0)
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Cited by (0)
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Not held (0)
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Duties published under this section (0)
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