IMGL Magazine January 2024

DATA PROTECTION

gamer which an operator needs to bear in mind and facilitate. These are: Right to access information: 12 A gamer will have the right to seek information from the gaming platform about the level of personal data that the operator has and the purposes for which it will be used. The gamer also has the right to enquire about other entities with whom such data has been shared and seek a description of such shared data. Right to withdraw consent for processing: 13 A gamer may withdraw consent for processing her personal data. The DPDP Act requires that the process of withdrawing consent should be as easy as giving consent was. Upon such withdrawal of consent, the gaming platform will be required to cease processing of such gamer’s personal data within a reasonable time and cause its Data Processors to cease doing so.

Right to correction, updation and erasure: 14 A gamer may require a gaming platform to correct, update, modify or erase their personal data even if they had previously given consent for the same. Right to grievance redressal: 15 A gamer shall have the right to raise grievances against the gaming platform in relation to any of the latter’s obligations under the DPDP Act or the exercise of her rights. The timeline within which a gaming platform has to address and resolve such grievances is yet to be prescribed. The gamer can approach the Data Protection Board of India only after exhausting this avenue of grievance redressal. Right to nominate: 16 A gamer shall have the right to nominate an individual as their nominee to exercise their rights under the Act in case of death or incapacity.

12 Section 11 of the Act 13 Section 6(4) of the Act 14 Section 12 of the Act 15 Section 13 of the Act 16 Section 14 of the Act

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