Data PrivacyApplicability of The Digital Personal Data Protection Act,2023

August 15, 20230

Applicability of The Digital Personal Data Protection Act,2023

The applicability of the Digital Personal Data Protection Act,2023(PDPA,2023) can be understood from Section 3 of PDPA,2023.

For better understanding of the provision, it is divided in part  as under

3. Subject to the provisions of this Act, it shall—

(a) apply to the processing of digital personal data within the territory of India where the personal data is collected––

(i) in digital form; or

(ii) in non-digital form and digitized subsequently;

The first part of Section 3 can be summarized as below:

  • The Personal Data is processed within the territory of India
  • The data should be collected in India since the expression “where the personal data is collected” clarifies that if data is collected in India and processed with territory of India then only the enactment shall be applicable.
  • The personal data should be in digital form for its applicability
  • Where, personal data is collected in non digit form but subsequently digitized then such data shall be falling under the ambit of such an enactment.

(b) also apply to processing of digital personal data outside the territory of India, if such processing is in connection with any activity related to offering of goods or services to Data Principals within the territory of India;

The second part of Section 3 further creates an exception as under;

  • the DPDPA,2023 shall be still applicable where though the personal data is processed outside the territory of India but if the processing has connectivity with offering of goods or services to the Data Principals within the territory of India.

c) not apply to—

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

(ii) personal data that is made or caused to be made publicly available by—

(A) the Data Principal to whom such personal data relates; or

(B) any other person who is under an obligation under any law for the time being in force in India to make such personal data publicly available.

The third part of Section 3 deals with non applicability of DPDPA, 2023 where;

  • personal data is meant for personal or domestic purpose
  • personal data is publicly available where a. personal data relates to Data Principal; or b.personal data to be publicly declare under the law.

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