20 Right to be forgotten

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Bare Act

Section 20(1)

The data principal shall have the right to restrict or prevent the continuing disclosure of his personal data by a data fiduciary where such disclosure

(a) has served the purpose for which it was collected or is no longer necessary for the purpose;

(b) was made with the consent of the data principal under section 11 and such consent has since been withdrawn; or

(c) was made contrary to the provisions of this Act or any other law for the time being in force.

Section 20(2)

The rights under sub-section (1) may be enforced only on an order of the Adjudicating Officer made on an application filed by the data principal, in such form and manner as may be prescribed, on any of the grounds specified under clauses (a), (b) or clause (c) of that sub-section: Provided that no order shall be made under this sub-section unless it is shown by the data principal that his right or interest in preventing or restricting the continued disclosure of his personal data overrides the right to freedom of speech and expression and the right to information of any other citizen.

Section 20(3)

The Adjudicating Officer shall, while making an order under sub-section (2), having regard to—

(a) the sensitivity of the personal data;

(b) the scale of disclosure and the degree of accessibility sought to be restricted or prevented;

(c) the role of the data principal in public life;

(d) the relevance of the personal data to the public; and

(e) the nature of the disclosure and of the activities of the data fiduciary, particularly whether the data fiduciary systematically facilitates access to personal data and whether the activities shall be significantly impeded if disclosures of the relevant nature were to be restricted or prevented.

Section 20(4)

Where any person finds that personal data, the disclosure of which has been restricted or prevented by an order of the Adjudicating Officer under sub-section (2), does not satisfy the conditions referred to in that sub-section, he may apply for the review of that order to the Adjudicating Officer in such manner as may be prescribed, and the Adjudicating Officer shall review his order.

Section 20(5)

Any person aggrieved by an order made under this section by the Adjudicating Officer may prefer an appeal to the Appellate Tribunal.

Explanation

Exemption

1. Section 20 is not applicable to "small entity" (Ref:Section 39(1))

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