Section 5 Notice
5. (1) Every request made to a 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 under section 6 for consent shall be accompanied or preceded by a notice given by the Data FiduciaryDefined in section 2(i): Data Fiduciary means any person who alone or in conjunction with other persons determines the purpose and means of processing of personal data to 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, informing her,-
(i) 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 and the purpose for which the same is proposed to be processed;
(ii) the manner in which sheDefined in section 2(y): she in relation to an individual includes the reference to such individual irrespective of gender may exercise her rights under sub-section (4) of section 6 and section 13; and
(iii) the manner in which 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 may make a complaint to the BoardDefined in section 2(c): Board means the Data Protection Board of India established by the Central Government under section 18, in such manner and as may be prescribedDefined in section 2(v): prescribed means prescribed by rules made under this Act
Illustration.
X, an individual, opens a bank account using the mobile app or website of Y, a bank. To complete the Know-Your-Customer requirements under law for opening of bank account, X opts for 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 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 by Y in a live, video-based customer identification process. Y shall accompany or precede the request for 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 with notice to X, describing 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 and the purpose of its 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....
(2) Where a 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 has given her consent for 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 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 before the date of commencement of this Act,-
(a) the Data FiduciaryDefined in section 2(i): Data Fiduciary means any person who alone or in conjunction with other persons determines the purpose and means of processing of personal data shall, as soon as it is reasonably practicable, give to 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 a notice informing her,-
(i) 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 and the purpose for which the same has been processed;
(ii) the manner in which sheDefined in section 2(y): she in relation to an individual includes the reference to such individual irrespective of gender may exercise her rights under sub-section (4) of section 6 and section 13; and
(iii) the manner in which 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 may make a complaint to the BoardDefined in section 2(c): Board means the Data Protection Board of India established by the Central Government under section 18,
(b) the Data FiduciaryDefined in section 2(i): Data Fiduciary means any person who alone or in conjunction with other persons determines the purpose and means of processing of personal data may continue to process 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 until and unless 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 withdraws her consent.
Illustration.
X, an individual, gave her consent 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 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 for an online shopping app or website operated by Y, an e-commerce service provider, before the commencement of this Act. Upon commencement of the Act, Y shall, as soon as practicable, give through email, in-app notificationDefined in section 2(r): notification means a notification published in the Official Gazette and the expressions notify and notified shall be construed accordingly or other effective method information to X, describing 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 and the purpose of its 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....
(3) The Data FiduciaryDefined in section 2(i): Data Fiduciary means any person who alone or in conjunction with other persons determines the purpose and means of processing of personal data shall give 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 the option to access the contents of the notice referred to in sub-sections (1) and (2) in English or any language specified in the Eighth Schedule to the Constitution.