Data PrivacyConsent under The Digital Personal Data Protection Act,2023

Consent under The Digital Personal Data Protection Act,2023

Before requesting consent, the Data Fiduciary must give a notice specifying the purpose for which data will be processed, with the option to access it in any of the Indian languages listed in the 8th Schedule to the Constitution.

Consent given shall be limited to personal data necessary for such specified purpose.

The format for such consent notice may be prescribed under the Rules or Regulations to be formulated to carry the intent of the enactment.

The thrust of such a specific consent should be coupled with the principles of data minimization and purpose limitation at the first place.

The mechanism shall be governed by a mandatory afresh notice each time whenever a consent is sought for the specific purpose.Where, the consent was taken prior to the coming of the enactment in force, a fresh notice must be again served upon the Data Principal for seeking their fresh consent.

With the advent of the Data Privacy enactment in India, the Data Fiduciaries will have a herculean task to collate so as to initiate sending notices for seeking fresh consent.

Consent Managers accountable to the Data Principal may serve as single points of contact to enable them to give, manage, review and withdraw their consent through an accessible, transparent and interoperable platform.

Any person who had initially given a consent to process their personal data can withdraw their consent at any given point of time.

To know more about the issues discussed above, You may please connect with dataprivacy@amlegals.com or mridusha.guha@amlegals.com.