Application of the Act

Bare Law

Section 4(1)

The provisions of this Act shall apply to the processing of digital personal data within the territory of India where:

(a) such personal data is collected from Data Principals online; and

(b) such personal data collected offline, is digitized.

Section 4(2)

The provisions of this Act shall also apply to processing of digital personal data outside the territory of India, if such processing is in connection with any profiling of, or activity of offering goods or services to Data Principals within the territory of India.

Subsection Definitions 📓

For the purpose of this sub-section, “profiling” means any form of processing of personal data that analyses or predicts aspects concerning the behaviour, attributes or interests of a Data Principal.

Section 4(3)

The provisions of this Act shall not apply to:

(a) non-automated processing of personal data;

(b) offline personal data;

(c) personal data processed by an individual for any personal or domestic purpose; and

(d) personal data about an individual that is contained in a record that has been in existence for at least 100 years.


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