39 Exemption for manual processing by small entities

Bare Act

Section 39(1)

The provisions of sections 7, 8, 9, clause (c) of sub-section (1) of section 17 and sections 19 to 32 shall not apply where the processing of personal data by a small entity is not automated.

Section 39(2)

For the purposes of sub-section (1), a "small entity" means such data fiduciary as may be classified, by regulations, by Authority, having regard to—

(a) the turnover of data fiduciary in the preceding financial year;

(b) the purpose of collection of personal data for disclosure to any other individuals or entities; and

(c) the volume of personal data processed by such data fiduciary in any one day in the preceding twelve calendar months.


The intent of this section is to provide relief from some of the daunting provisions of the act to small persons who don't collect data in an automated way.

Following relief is provided to small entity.

  1. No need for a notice at the time of collection of the personal data.
  2. No need to ensure that the personal data processed is complete, accurate, and updated.
  3. No need to delete the personal data at the end of the processing.
  4. No need to provide a confirmation whether the entity is processing or has processed personal data (on request by data principal).
  5. No need to provide the personal data being processed (on request by data principal).
  6. No need to provide summary of processing activities undertaken (on request by data principal).
  7. No need to prepare policy which protects privacy of the data principal
  8. No need to maintain transparency in processing personal data.
  9. No need to implement necessary security safeguards for protecting personal data.
  10. No need to inform about the breach of any personal data.
  11. No need to get it's processes (for processing of personal data) audited.
  12. No need to appoint a data protection officer.

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