ILN Data Privacy Paper

India

2.3.

Upcoming

or

proposed

form, or in a non-digital form but has been digitized subsequent to collection. Thus, the DPDPA excludes the data collected in a non-digitized form (which is not digitized subsequently) from its ambit. 3.1.3.Treatment of data and its different categories Regulation of personal and non- personal data The DPDPA does not apply to personal data that is processed for the purpose of any personal or domestic use by an individual. It has been further laid down that it also does not apply to any data that has been made available to the public by either the Data Principal or any other person obligated to do so under any law. Regulation of electronic and non- electronic data The DPDPA provides for the regulation of data that is collected in electronic form and non-electronic form that is subsequently digitized. However, it does not regulate data that is collected in non-electronic form, and isn’t digitized subsequently. 3.1.4.Other key definitions pertaining to data and its processing Other key definitions pertaining to Personal Data and its processing include:

legislation (if applicable) The DPDPA, pursuant

Scope of Application protection of personal data. While the statute has been enacted and published in the official Gazette, it is yet to be notified (subsequent to which it will come into force). Further, the rules under the statute are also yet to be released in the public domain which will provide for the detailed manner in which compliances will be required to be observed. to its enactment, will become the principal legislation governing the laws relating to data protection in India. The DPDPA was passed with the objective of providing an effective and robust mechanism for

3.1. Legislative Scope 3 .1.1.Definition of personal data

As per the DPDPA, 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’. The Act further lays down that any data with which a person is directly or indirectly identifiable is referred to as ‘personal data’. 3.1.2.Definition of different categories of personal data It is pertinent to note that the DPDPA is applicable to the processing of digital personal data wherein the data has been collected in a digital

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