Under chapter V of the Bill, rights of Data Principal are clearly mentioned. So, there are following rights that a Data Principal has as per the Bill and they are-
- Right to confirmation & access
- Right to correction & erasure
- Right to data portability
- Right to be forgotten
The above mentioned four rights are the rights of Data Principal which are very essential ones and we shall discuss the same in brief.
- Right to confirmation & access
The Data Principal shall have the right to obtain from Data Fiduciary, ‘confirmation’ whether the data fiduciary is processing or has processed the personal data of Data Fiduciary or any summary thereof, a brief summary of processing activities,
The information i.e. summary shall be provided in concise manner which is easily comprehensible to a reasonable person.
- Right to correction & erasure
The Data Principal shall have the “right to the correction” of inaccurate or misleading personal data.
The “Right to the completion” of incomplete personal data.
The “Right to the updating” of personal data which is out of date.
The “Right to the erasure” of personal data which is no longer necessary for the purpose for which it was processed.
While disagreeing with any such request as mentioned above the Data Fiduciary has to state its reason with adequate justification of such rejection.
- Right to data portability
This right is exercised in cases where the processing of Personal data has been carried out through automated means. The Data Principal has the right to receive the personal data in a structured, commonly used and machine-readable format.
- Right to be forgotten
This is the right to restrict or prevent the continuing disclosure of personal data by the Data Fiduciary. This is basically the right of controlling his/her past, requesting certain matters to be erased from past records. We shall discuss this right in detail in tomorrow’s article.
Recently, Hon’ble Justice Pratibha Singh in the case of Jorawer Singh Mundy Vs. Union of India (Delhi High Court) directed Google, Indian Kanoon to remove or block a judgement of American Citizen who was acquitted under the NDPS case. The object of mentioning this judgement was only that to give an idea to our readers that if you co relate the precedents and statutes you would be able to understand any kind of law. Once my Master said law is nothing but common sense, reading one judgment must be a routine for each lawyer who is aspiring to have a great legal career. (Read the judgement here- https://www.livelaw.in/pdf_upload/16186364774292021-393948.pdf)
References–
https://www.livelaw.inhttps://dig.watch (picture credit)