# 8 Applicability of Personal Data Protection Act.

Sponsored by: Jamku CA Practice Management Software

# Bare Act

# Section 8(1)

The data fiduciary shall take necessary steps to ensure that the personal data processed is complete, accurate, not misleading and updated, having regard to the purpose for which it is processed.

# Section 8(2)

While taking any steps under sub-section (1), the data fiduciary shall have regard to whether the personal data—

(a) is likely to be used to make a decision about the data principal;

(b) is likely to be disclosed to other individuals or entities including other data fiduciaries or processors; or

(c) is kept in a form that distinguishes personal data based on facts from personal data based on opinions or personal assessments.

# Section 8(3)

Where personal data is disclosed to any other individual or entity, including other data fiduciary or processor, and the data fiduciary finds that such data does not comply with the requirement of sub-section (1), the data fiduciary shall take reasonable steps to notify such individual or entity of this fact.

# Explanation

# Exemption

  1. Section 8 is not applicable to "small entity" (Ref:Section 39(1))

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Last Updated: 01 Oct 2020