Notice
Bare Law
Section 6(1)
On or before requesting a Data Principal for her consent, a Data Fiduciary shall give to the Data Principal an itemised notice in clear and plain language containing a description of personal data sought to be collected by the Data Fiduciary and the purpose of processing of such personal data.
Section 6(2)
Where a Data Principal has given her consent to the processing of her personal data before the commencement of this Act, the Data Fiduciary must give to the Data Principal an itemised notice in clear and plain language containing a description of personal data of the Data Principal collected by the Data Fiduciary and the purpose for which such personal data has been processed, as soon as it is reasonably practicable.
Section 6(3)
The Data Fiduciary shall give the Data Principal the option to access the information referred to in sub-sections (1) and (2) in English or any language specified in the Eighth Schedule to the Constitution of India.
Section Definitions 📓
For the purpose of this section: -
(a) “notice” can be a separate document, or an electronic form, or a part of the same document in or through which personal data is sought to be collected, or in such other form as may be prescribed.
(b) “itemised” means presented as a list of individual items.
Illustration 🎬
‘A’ contacts a bank to open a regular savings account. The bank asks ‘A’ to furnish photocopies of proof of address and identity for KYC formalities. Before collecting the photocopies, the bank should give notice to ‘A’ stating that the purpose of obtaining the photocopies is completion of KYC formalities. The notice need not be a separate document. It can be printed on the form used for opening the savings bank account.
Explanation
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