Chapter 2 · Obligations of Data Fiduciary
Section 5 - Notice
What a Data Principal must be told, and howBefore or when you ask someone for consent, you must give them a clear notice.
Download full Act (PDF)In plain English
Before or when you ask someone for consent, you must give them a clear notice. The notice has to spell out what personal data you want and the purpose it will be used for, how the person can exercise their rights, and how they can complain to the Data Protection Board. For data you already collected with consent before the Act, you must send an equivalent notice as soon as it is reasonably practicable. The person can also ask to read the notice in English or any language in the Eighth Schedule to the Constitution.
A bank opening an account by video-KYC must, before capturing your data, tell you exactly what it is collecting and why.
Key points
- A notice must accompany or precede every consent request.
- It must state the personal data collected and the purpose of processing.
- It must explain how to exercise rights and how to complain to the Board.
- For data consented to before the Act, send an equivalent notice as soon as practicable.
- Must be available in English or any Eighth Schedule language.
Official section text
Section 5. Notice.
Every request made to a Data Principal under section 6 for consent shall be accompanied or preceded by a notice given by the Data Fiduciary to the Data Principal, informing her, -
the personal data and the purpose for which the same is proposed to be processed;
the manner in which she may exercise her rights under sub-section (4) of section 6 and section 13; and
the manner in which the Data Principal may make a complaint to the Board, in such manner and as may be prescribed.
X, an individual, opens a bank account using the mobile app or website of Y, a bank. To complete the Know-Your-Customer requirements under law for opening of bank account, X opts for processing of her personal data by Y in a live, video-based customer identification process. Y shall accompany or precede the request for the personal data with notice to X, describing the personal data and the purpose of its processing.
Where a Data Principal has given her consent for the processing of her personal data before the date of commencement of this Act, -
the Data Fiduciary shall, as soon as it is reasonably practicable, give to the Data Principal a notice informing her,--
the personal data and the purpose for which the same has been processed;
the manner in which she may exercise her rights under sub-section (4) of section 6 and section 13; and
the manner in which the Data Principal may make a complaint to the Board, in such manner and as may be prescribed.
the Data Fiduciary may continue to process the personal data until and unless the Data Principal withdraws her consent.
X, an individual, gave her consent to the processing of her personal data for an online shopping app or website operated by Y, an e-commerce service provider, before the commencement of this Act. Upon commencement of the Act, Y shall, as soon as practicable, give through email, in-app notification or other effective method information to X, describing the personal data and the purpose of its processing.
The Data Fiduciary shall give the Data Principal the option to access the contents of the notice referred to in sub-sections (1) and (2) in English or any language specified in the Eighth Schedule to the Constitution.