34 Conditions for transfer of sensitive personal data and critical personal data

Bare Act

Section 34(1)

The sensitive personal data may only be transferred outside India for the purpose of processing, when explicit consent is given by the data principal for such transfer, and where

  • (a) the transfer is made pursuant to a contract or intra-group scheme approved by the Authority: Provided that such contract or intra-group scheme shall not be approved, unless it makes the provisions for
    • (i) effective protection of the rights of the data principal under this Act, including in relation to further transfer to any other person; and
    • (ii) liability of the data fiduciary for harm caused due to non-compliance of the provisions of such contract or intra-group scheme by such transfer; or
  • (b) the Central Government, after consultation with the Authority, has allowed the transfer to a country or, such entity or class of entity in a country or, an international organisation on the basis of its finding that
    • (i) such sensitive personal data shall be subject to an adequate level of protection, having regard to the applicable laws and international agreements; and
    • (ii) such transfer shall not prejudicially affect the enforcement of relevant laws by authorities with appropriate jurisdiction:

    Provided that any finding under this clause shall be reviewed periodically in such manner as may be prescribed;
  • (c) the Authority has allowed transfer of any sensitive personal data or class of sensitive personal data necessary for any specific purpose.

Section 34(2)

Notwithstanding anything contained in sub-section (2) of section 34, any critical personal data may be transferred outside India, only where such transfer is

  • (a) to a person or entity engaged in the provision of health services or emergency services where such transfer is necessary for prompt action under section 12; or
  • (b) to a country or, any entity or class of entity in a country or, to an international organisation, where the Central Government has deemed such transfer to be permissible under clause (b) of sub-section (1) and where such transfer in the opinion of the Central Government does not prejudicially affect the security and strategic interest of the State.

Section 34(3)

Any transfer under clause (a) of sub-section (2) shall be notified to the Authority within such period as may be specified by regulations.

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