The Personal Data Protection Bill, 2019- Analysis & Overview, Part-4

Processing of Personal Data

Section 4 of the Bill clearly prohibits the processing of personal data except for specific, clear and lawful purposes. In simple words processing of data means “Collection”.

Personal data shall be processed in a fair and reasonable manner ensuring the privacy of the Data Principal and only for the purpose it is consented (this includes incidental & connected purposes too). Data Principal is defined u/s. 3 (14) which means the natural person to whom the personal data is related. 

At the time of collection of personal data, every Data Fiduciary is required to give notice to the Data Principal. In case data is not collected then the data fiduciary is required to send notice containing the following information-

  1. The purposes for which the personal data is being processed
  2.  The nature & categories of personal data being collected
  3. Contact details of data fiduciary & data protection officer
  4. The right to withdrawal of consent & procedure for it
  5. Reason for processing & consequences of failure to provide such data
  6. Source of data collection, duration for which the data shall be retained
  7. Procedure for grievance redressal, and existence of right to file complaint before the authority.

Meaning & Explanation

Seeing the Processing of personal data we understand that it speaks of Data, Data Principal & Data Fiduciary. Therefore, there are two parties and they are –

1) Data Fiduciary, who can be any individual, any person, juristic entity, state or a company who determines the purpose & means of personal data processing.    

2) Data Principal, who is a natural person about whom the data is related. 

And the subject matter of this whole conversion is data itself which includes representation of information, facts, concepts, opinions or instructions in a manner suitable for communication, interpretation or processing by human or by automated means. So the definition is wide enough to include not only data processing by humans but by other automatic means for eg. a machine etc.

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