ILN Data Privacy Paper

India

5.1. Grounds for collection and processing Consent A Data Fiduciary is required to obtain consent from the Data Principal prior to collecting Personal Data for the specified purposes and legitimate uses. Consent Notice The Data Fiduciary is obligated to furnish a notice to the Data Principal, comprehensively detailing crucial Requirements for Data Processing

4. Data Processor - A person who processes the personal data of the Data Principal on behalf of the Data Fiduciary. 5. Consent Manager - A person who serves as single point of contact for facilitating the process through which a Data Principal can provide, handle, assess, and retract their consent as regards their personal data. 4.2. Role and responsibilities of key stakeholders A Data Fiduciary is responsible for processing personal data after complying with some primary prerequisites which include obtaining valid consent and giving a notice regarding the same to the Data Principal. As regards the Data Principal, it is their duty to comply with legal requirements while providing verifiable authentic information. Further, they should ensure that they never file a false or misleading grievance/complaint. Further, it is pertinent to note that a Significant Data Fiduciary is required to additionally undertake certain obligations (in addition to the responsibilities undertaken by a Data Fiduciary) which includes appointing a ‘Data Protection Officer’. As regards the Consent Manager, they play an important role in standardizing consent management process for a Data Fiduciary. Consent Managers shall be accountable to the Data Principals and shall act on their behalf subject to obligations which will be prescribed by the Government.

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