Section 3 Application of Act
- Chapter
- I · Preliminary
3. Subject to the provisions of this Act, it shall
(a) apply to the processingDefined in section 2(x): processing in relation to personal data, means a wholly or partly automated operation or set of operations performed on digital personal data, and includes operations such as collection, recording, organisation, structuring, storage, adaptation, retrieval, use, alignment or combination, indexing, sharing, disclosure... of digital personal dataDefined in section 2(n): digital personal data means personal data in digital form within the territory of India where the personal dataDefined in section 2(t): personal data means any data about an individual who is identifiable by or in relation to such data is collected
(i) in digital form; or
(ii) in non-digital form and digitised subsequently;
(b) also apply to processingDefined in section 2(x): processing in relation to personal data, means a wholly or partly automated operation or set of operations performed on digital personal data, and includes operations such as collection, recording, organisation, structuring, storage, adaptation, retrieval, use, alignment or combination, indexing, sharing, disclosure... of digital personal dataDefined in section 2(n): digital personal data means personal data in digital form outside the territory of India, if such processingDefined in section 2(x): processing in relation to personal data, means a wholly or partly automated operation or set of operations performed on digital personal data, and includes operations such as collection, recording, organisation, structuring, storage, adaptation, retrieval, use, alignment or combination, indexing, sharing, disclosure... is in connection with any activity related to offering of goods or services to DataDefined in section 2(h): 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 Principals within the territory of India;
(c) not apply to-
(i) personal dataDefined in section 2(t): personal data means any data about an individual who is identifiable by or in relation to such data processed by an individual for any personal or domestic purpose; and
(ii) personal dataDefined in section 2(t): personal data means any data about an individual who is identifiable by or in relation to such data that is made or caused to be made publicly available by-
(A) the Data PrincipalDefined in section 2(j): Data Principal means the individual to whom the personal data relates and where such individual is (i) a child, includes the parents or lawful guardian of such a child; (ii) a person with disability, includes her lawful guardian, acting on her behalf to whom such personal dataDefined in section 2(t): personal data means any data about an individual who is identifiable by or in relation to such data relates; or
(B) any other personDefined in section 2(s): person includes (i) an individual; (ii) a Hindu undivided family; (iii) a company; (iv) a firm; (v) an association of persons or a body of individuals, whether incorporated or not; (vi) the State; and (vii) every artificial juristic person, not falling within any of the preceding sub clauses who is under an obligation under any law for the time being in force in India to make such personal dataDefined in section 2(t): personal data means any data about an individual who is identifiable by or in relation to such data publicly available.
Illustration.
X, an individual, while blogging her views, has publicly made available her personal dataDefined in section 2(t): personal data means any data about an individual who is identifiable by or in relation to such data on social media. In such case, the provisions of this Act shall not apply