UncategorizedWhat is Information under Personal data?

What is Information under Personal data?

In order to understand the meaning of information, it is pertinent to understand an interplay existing between the Digital Personal Data Protection Act,2023(DPDPA,2023) and Information Technology Act,2000(ITA,2000).

Hence, it is significant to refer to the definition of Data under Section 2 (h) of DPDPA,2023

Section 2(h)“data” means a representation of information, facts, concepts, opinions or instructions in a manner suitable for communication, interpretation or processing by human beings or by automated means;

Whereas, there is no definition of information existing in the body of DPDPA,2023, rather, Section 37(3) gives a reference to the ITA,2000, as under;

Section 37 (3) For the purposes of this section, the expressions “computer resource”, “information” and “intermediary” shall have the meanings respectively assigned to them in the InformationTechnologyAct,2000.

Though, it mentions and refers to the aforesaid enactment that for the purpose of Section 37(3) only it has to be understood in that context, then too in absence of any definition existing in DPDPA,2023, the information has to be even otherwise understood in terms of Section 2(v) of the ITA,2000 only.

Section 2 (v) “information” includes data, text, images, sound, voice, codes, computer programmes, software and databases or micro film or computer generated micro fiche.

Hence, there exists an interplay and the personal data under DPDA,2023 which is defined under Section 2(t) as below;

Section 2(t)“personal data” means any data about an individual who is identifiable by or in relation to such data;

On perusal of the aforesaid definitions of “data” and “personal data” as defined under DPDA,2023 in consonance with the definition of “information” under 2(v) of ITA,2000, it can be safely concluded that the information under personal data has to be also understood in the following context;

i) data,

ii) text,

iii)images,

iv)sound,

v)voices,

vi)codes,

vii)computer programmes,

viii) software and

ix)databases of micro film of computer generated micro fiche.

The above components of information qua data related to an individual can lead to its identity and that is what has to be protected under the ambit of personal data of Data Principal.

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