7 Requirement of notice for collection or processing of personal data

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Bare Act

Section 7(1)

Every data fiduciary shall give to the data principal a notice, at the time of collection of the personal data, or if the data is not collected from the data principal, as soon as reasonably practicable, containing the following information, namely:—

(a) the purposes for which the personal data is to be processed;

(b) the nature and categories of personal data being collected;

(c) the identity and contact details of the data fiduciary and the contact details of the data protection officer, if applicable;

(d) the right of the data principal to withdraw his consent, and the procedure for such withdrawal, if the personal data is intended to be processed on the basis of consent;

(e) the basis for such processing, and the consequences of the failure to provide such personal data, if the processing of the personal data is based on the grounds specified in sections 12 to 14;

(f) the source of such collection, if the personal data is not collected from the data principal;

(g) the individuals or entities including other data fiduciaries or data processors, with whom such personal data may be shared, if applicable;

(h) information regarding any cross-border transfer of the personal data that the data fiduciary intends to carry out, if applicable;

(i) the period for which the personal data shall be retained in terms of section 9 or where such period is not known, the criteria for determining such period;

(j) the existence of and procedure for the exercise of rights mentioned in Chapter V and any related contact details for the same;

(k) the procedure for grievance redressal under section 32;

(l) the existence of a right to file complaints to the Authority;

(m) where applicable, any rating in the form of a data trust score that may be assigned to the data fiduciary under sub-section (5) of section 29; and

(n) any other information as may be specified by the regulations.

Section 7(2)

The notice referred to in sub-section (1) shall be clear, concise and easily comprehensible to a reasonable person and in multiple languages where necessary and practicable.

Section 7(3)

The provisions of sub-section (1) shall not apply where such notice substantially prejudices the purpose of processing of personal data under section 12.

Explanation

Exemption

  1. Section 7 is not applicable to "small entity" (Ref:Section 39(1))
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