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The Personal Data Protection Bill | DCirrus

Author: Rahul Classy
by Rahul Classy
Posted: Mar 20, 2020

The Personal Data protection bill, as the name suggests, aims to protect the data owners (referred to in the bill as ‘Data principals’) from misuse and manipulation of their personal data at the hands of entities who have access to such data (referred to as ‘Data fiduciaries’).This bill achieves that by enunciating the rights of the data principal and the corresponding obligations of Data fiduciaries towards the data principal. The various rights afforded to data principals explained below:

  1. Right to Conformation and access: The data principal has the right to obtainconfirmation of the processing of data, a summary of the processing activitiesundertaken by the data fiduciary and has the right to access the identity of the data fiduciary with the category of the personal data shared with them.
  2. Right to correction and erasure: Data principal also has the right to correctinaccurate data, complete missing data and to erase data which is not necessary for the purpose for which it was processed. In cases where the data fiduciary doesn’t agree to such correction or erasure, such fiduciary is bound to provide a justification for rejecting the application. And when the data principal disputes such explanation, the same is bound to be indicated along with the relevant personal data
  3. Right to Portability: Subject to certain exceptions, the data principal has the right to receive personal data in a structured, commonly usable and machine-readable format or have the data transferred to another fiduciary.
  4. Right to be forgotten: The Data principal has the right to restrict the use of hispersonal data in cases where the data has served its purpose or where consent to process such data has been withdrawn provided that erasing such data does not infringe on freedom of speech of another citizen.
  5. Special safeguards for processing personal data of children: The bill provides for special safeguards for processing the sensitive personal data of children. The data fiduciary in such cases needs to incorporate age verification mechanisms and also needs to obtain parental consent for processing personal data of children.

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Author: Rahul Classy

Rahul Classy

Member since: Mar 17, 2020
Published articles: 1

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