In simple words
This section lists cases where data can be used without asking for fresh consent. Examples: you gave the data yourself for a purpose and did not object, Government benefits and services, legal duties, court orders, medical emergencies, epidemics, disasters, and certain employment purposes.
- What this means for you
- Some uses do not need your consent, but they are limited to the listed purposes.
- What this means for businesses
- Use a legitimate use only when the facts clearly fit one of the listed clauses. Keep a note of which clause you rely on.
- Everyday example
- You buy medicine and ask the pharmacy to text you the receipt. The pharmacy may use your number for that receipt.
सरल शब्दों में (हिन्दी अनुवाद)
यह धारा उन मामलों की सूची देती है जिनमें नई सहमति माँगे बिना डेटा इस्तेमाल किया जा सकता है। उदाहरण: आपने किसी उद्देश्य के लिए खुद डेटा दिया और आपत्ति नहीं की, सरकारी लाभ और सेवाएँ, कानूनी दायित्व, अदालती आदेश, चिकित्सा आपात स्थिति, महामारी, आपदा, और रोज़गार से जुड़े कुछ उद्देश्य।
- आपके लिए इसका मतलब
- कुछ उपयोगों के लिए आपकी सहमति ज़रूरी नहीं है, लेकिन वे सूची में दिए गए उद्देश्यों तक सीमित हैं।
- कारोबार के लिए इसका मतलब
- किसी वैध उपयोग का सहारा तभी लें जब तथ्य सूची के किसी खंड में साफ़ तौर पर फ़िट हों। जिस खंड पर आप निर्भर हैं, उसे दर्ज करके रखें।
- रोज़मर्रा का उदाहरण
- आप दवा खरीदते हैं और फ़ार्मेसी से रसीद मैसेज करने को कहते हैं। फ़ार्मेसी उस रसीद के लिए आपका नंबर इस्तेमाल कर सकती है।
This is our Hindi translation of the plain English summary above, not the official Hindi text of the Act. If they differ, the official text prevails.
Who it applies to
Data Fiduciaries, including the State and its instrumentalities.
Related Rules
Related sections
Official textas notified
Source: MeitY copy of the Gazette (CG-DL-E-12082023-248045), page 6. Printed dashes are shown as colons; the wording is unchanged.
A Data Fiduciary may process personal data of a Data Principal for any of following uses, namely:
(a) for the specified purpose for which the Data Principal has voluntarily provided her personal data to the Data Fiduciary, and in respect of which she has not indicated to the Data Fiduciary that she does not consent to the use of her personal data.
Illustrations.
(I) X, an individual, makes a purchase at Y, a pharmacy. She voluntarily provides Y her personal data and requests Y to acknowledge receipt of the payment made for the purchase by sending a message to her mobile phone. Y may process the personal data of X for the purpose of sending the receipt.
(II) X, an individual, electronically messages Y, a real estate broker, requesting Y to help identify a suitable rented accommodation for her and shares her personal data for this purpose. Y may process her personal data to identify and intimate to her the details of accommodation available on rent. Subsequently, X informs Y that X no longer needs help from Y. Y shall cease to process the personal data of X;
(b) for the State and any of its instrumentalities to provide or issue to the Data Principal such subsidy, benefit, service, certificate, licence or permit as may be prescribed, where:
(i) she has previously consented to the processing of her personal data by the State or any of its instrumentalities for any subsidy, benefit, service, certificate, licence or permit; or
(ii) such personal data is available in digital form in, or in non-digital form and digitised subsequently from, any database, register, book or other document which is maintained by the State or any of its instrumentalities and is notified by the Central Government, subject to standards followed for processing being in accordance with the policy issued by the Central Government or any law for the time being in force for governance of personal data.
Illustration.
X. a pregnant woman, enrols herself on an app or website to avail of government’s maternity benefits programme, while consenting to provide her personal data for the purpose of availing of such benefits. Government may process the personal data of X processing to determine her eligibility to receive any other prescribed benefit from the government;
(c) for the performance by the State or any of its instrumentalities of any function under any law for the time being in force in India or in the interest of sovereignty and integrity of India or security of the State;
(d) for fulfilling any obligation under any law for the time being in force in India on any person to disclose any information to the State or any of its instrumentalities, subject to such processing being in accordance with the provisions regarding disclosure of such information in any other law for the time being in force;
(e) for compliance with any judgment or decree or order issued under any law for the time being in force in India, or any judgment or order relating to claims of a contractual or civil nature under any law for the time being in force outside India;
(f) for responding to a medical emergency involving a threat to the life or immediate threat to the health of the Data Principal or any other individual;
(g) for taking measures to provide medical treatment or health services to any individual during an epidemic, outbreak of disease, or any other threat to public health;
(h) for taking measures to ensure safety of, or provide assistance or services to, any individual during any disaster, or any breakdown of public order.
Explanation. For the purposes of this clause, the expression “disaster” shall have the same meaning as assigned to it in clause (d) of section 2 of the Disaster Management Act, 2005; or
(i) for the purposes of employment or those related to safeguarding the employer from loss or liability, such as prevention of corporate espionage, maintenance of confidentiality of trade secrets, intellectual property, classified information or provision of any service or benefit sought by a Data Principal who is an employee.