AMENDMENT TO THE RIGHT TO INFORMATION ACT, 2005
Second Schedule: Section 43A of the Information Technology Act, 2000 (hereinafter referred to as the principal Act) shall be omitted...
AMENDMENT TO THE RIGHT TO INFORMATION ACT, 2005
Second Schedule: Section 43A of the Information Technology Act, 2000 (hereinafter referred to as the principal Act) shall be omitted...
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AMENDMENT TO THE INFORMATION TECHNOLOGY ACT, 2000
First Schedule: Section 43A of the Information Technology Act, 2000 (hereinafter referred to as the principal Act) shall be omitted...
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MISCELLANEOUS: Amendment of Act 22 of 2005
Article 112: The Right to Information Act, 2005 (22 of 2005) shall be in the manner set out in the Second Schedule to this Act...
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MISCELLANEOUS: Amendment of Act 21 of 2000
Article 111: The Information Technology Act, 2000 (21 of 2000) shall be amended in the manner set out in the First Schedule to this Act...
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MISCELLANEOUS: Overriding effect of this Act
Article 110: Save as otherwise expressly provided under this Act, the provisions of this Act shall have an overriding effect....
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MISCELLANEOUS: Rules and Regulations to be laid before Parliament
Article 109: Every rule and regulation made under this Act shall be laid....
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MISCELLANEOUS: Power to make regulations
Article 108: The Authority may, by notification, make regulations consistent with this Act and the rules prescribed there under to carry out the purposes of this Act.....
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MISCELLANEOUS: Power to make rules
Article 107: The Central Government may, by notification, make rules to carry out the purposes of this Act....
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MISCELLANEOUS: Bar on processing certain forms of biometric data
Article 106: No data fiduciary shall process such biometric data as may be notified by the Central Government, unless such processing is permitted by law...
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MISCELLANEOUS: No application to non-personal data
Article 105: Nothing contained in this Act shall affect the power of the Central Government to formulate appropriate policies for the digital economy...
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MISCELLANEOUS: Power to exempt certain data processors
Article 104: The Central Government may, by notification, exempt from the application of this Act or any provisions of this Act...
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MISCELLANEOUS: Power to remove difficulties
Article 103: If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order, published in the Official Gazette...
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MISCELLANEOUS: Delegation.
Article 102: The chairperson of the Authority may, by general or special order in writing delegate to any member or officer of the Authority...
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MISCELLANEOUS: Exemption from tax on income
Article 101: Notwithstanding anything contained in the Income Tax Act, 1961 (43 of 1961) or any other enactment for the time being in force relating to tax on income...
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MISCELLANEOUS: Protection of action taken in good faith
Article 100: No suit, prosecution or other legal proceedings shall lie against the Authority or its chairperson...
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MISCELLANEOUS: Members, etc., to be public servants
Article 99: The chairperson, members, officers and employees of the Authority and the Appellate Tribunal shall be deemed...
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MISCELLANEOUS: Power of Central Government to issue directions in certain circumstances
Article 98: The Central Government may, from time to time, issue to the Authority such directions as it may think necessary in the interest of the sovereignty and integrity of India...
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TRANSITIONAL PROVISIONS: Transitional provisions and commencement
Article 97: For the purposes of this Chapter, the term „notified date‟ refers to the date notified by the Central Government under sub-section (3) of section 1...
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OFFENCES: Offences by Central or State Government departments
Article 96: Where an offence under this Act has been committed by any department of the Central or State Government...
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OFFENCES: Offences by companies
Article 95: Where an offence under this Act has been committed by a company, every person who...
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OFFENCES: Power to investigate offences
Article 94: Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), a police officer not below the rank of Inspector shall investigate any offence under this Act.....
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OFFENCES: Offences to be cognizable and non-bailable
Article 93: Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), an offence punishable under this Act shall be cognizable and non-bailable....
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OFFENCES: Re-identification and processing of de-identified personal data
Article 92: Any person who, knowingly or intentionally or recklessly...
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OFFENCES: Obtaining, transferring or selling of sensitive personal data contrary to the Act
Article 91: Any person who alone or jointly with others, knowingly or intentionally or recklessly, in contravention of the provisions of this Act...
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OFFENCES: Obtaining, transferring or selling of personal data contrary to the Act
Article 90: Any person who alone or jointly with others, knowingly or intentionally or recklessly, in contravention of the provisions of this Act...
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APPELLATE TRIBUNAL: Civil court not to have jurisdiction
Article 89: No civil court shall have jurisdiction to entertain any suit or proceeding in respect of any matter which the Appellate Tribunal...
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APPELLATE TRIBUNAL: Right to legal representation
Article 88: The applicant or appellant may either appear in person or authorise one or more legal practitioners or any of its officers to present her or its case before the Appellate Tribunal...
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APPELLATE TRIBUNAL: Appeal to Supreme Court of India
Article 87: Notwithstanding anything contained in the Code of Civil Procedure, 1908 (5 of 1908) or in any other law, an appeal shall lie against any order of the Appellate Tribunal to the Supreme Court of India...
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APPELLATE TRIBUNAL: Orders passed by Appellate Tribunal to be executable as a decree
Article 86: An order passed by the Appellate Tribunal under this Act shall be executable by the Appellate Tribunal as a decree of civil court, and for this purpose, the Appellate Tribunal shall have all the powers of a civil court...
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APPELLATE TRIBUNAL: Procedure and powers of Appellate Tribunal
Article 85: The Appellate Tribunal shall not be bound by the procedure laid down by the Code of Civil Procedure...
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APPELLATE TRIBUNAL: Appeals to Appellate Tribunal
Article 84: Any person may file an appeal or application, as the case may be, with the Appellate Tribunal in such form, verified in such manner and be accompanied by such fee, as may be prescribed...
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APPELLATE TRIBUNAL: Distribution of business amongst benches
Article 83: Subject to the provisions of this Act, the jurisdiction of the Appellate Tribunal may be exercised by benches thereof, which shall be constituted by the chairperson...
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APPELLATE TRIBUNAL: Staff of Appellate Tribunal
Article 82: The Central Government shall provide the Appellate Tribunal with such officers and employees as it may deem fit...
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APPELLATE TRIBUNAL: Vacancies
Article 81: If, for reason other than temporary absence, any vacancy occurs in the office of the chairperson or a member of the Appellate Tribunal...
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APPELLATE TRIBUNAL: Qualifications, appointment, term, conditions of service of members
Article 80: The Central Government may prescribe the qualifications, appointment, term of office, salaries and allowances, resignation...
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APPELLATE TRIBUNAL: Establishment of Appellate Tribunal
Article 79: The Central Government shall, by notification, establish an Appellate Tribunal to...
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PENALTIES AND REMEDIES: Recovery of Amounts
Article 78: The Authority shall, by an order in writing, appoint at least one officer or employee as a Recovery Officer for the purpose of this Act...
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PENALTIES AND REMEDIES: Data Protection Funds
Article 77: There shall be constituted a fund to be called the Data Protection Authority Fund to which the following shall be credited...
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PENALTIES AND REMEDIES: Compensation or penalties not to interfere with other punishment
Article 76: No compensation awarded, or penalty imposed, under this Act shall prevent the award of compensation or imposition of any other penalty or punishment under any other law for the time being in force...
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PENALTIES AND REMEDIES: Compensation
Article 75: Any data principal who has suffered harm as a result of any violation of any provision under this Act, or rules prescribed or regulations specified here under...
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PENALTIES AND REMEDIES: Adjudication by Adjudicating Officer
Article 74: No penalty shall be imposed under this Chapter except after conducting an inquiry in such manner as may be prescribed...
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PENALTIES AND REMEDIES: Penalty for contravention where no separate penalty has been provided
Article 73: Where any person fails to comply with any provision of this Act, or rules prescribed or regulations specified there under as applicable to such person...
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PENALTIES AND REMEDIES: Penalty for failure to comply with direction or order issued by the Authority
Article 72: If any data fiduciary or data processor fails to comply with any direction issued by the Authority under section 62...
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PENALTIES AND REMEDIES: Penalty for failure to furnish report, returns, information, etc.
Article 71: If any data fiduciary, who is required under this Act, or rules prescribed or regulations specified there under...
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PENALTIES AND REMEDIES: Penalty for failure to comply with data principal requests under Chapter VI
Article 70: Where, any data fiduciary, without any reasonable explanation, fails to comply with any request made by a data principal under Chapter VI of this Act...
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PENALTIES AND REMEDIES: Penalties
Article 69: Where the data fiduciary contravenes any of the following provisions, it shall be liable to a penalty which may extend up to five crore rupees or...
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DATA PROTECTION AUTHORITY OF INDIA: Appointment of Adjudicating Officer
Article 68: Without prejudice to any other provision of this Act and for the purpose of imposing of penalties under section 69to section 73...
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DATA PROTECTION AUTHORITY OF INDIA: Coordination between the Authority and other regulators or authorities
Article 67: Where any action proposed to be taken by the Authority under this Act...
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DATA PROTECTION AUTHORITY OF INDIA: Search and Seizure
Article 66: Where the Authority has reasonable grounds to believe that...
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DATA PROTECTION AUTHORITY OF INDIA: Action to be taken by Authority pursuant to an inquiry
Article 65: On receipt of a report under sub-section (2) of section 64, the Authority may, after giving such opportunity...
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DATA PROTECTION AUTHORITY OF INDIA: Power of Authority to conduct inquiry
Article 64: The Authority may conduct an inquiry where it has reasonable grounds to believe that...
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DATA PROTECTION AUTHORITY OF INDIA: Power of Authority to call for information
Article 63: Without prejudice to the other provisions of this Act, the Authority may require a data fiduciaryor data processor to provide such information as may be reasonably required by it for discharging its functions under this Act...
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DATA PROTECTION AUTHORITY OF INDIA: Power of Authority to issue directions
Article 62: The Authority may, for the discharge of its functions under this Act, issue such directions from time to time as it may consider necessary to data fiduciaries or data processors generally...
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DATA PROTECTION AUTHORITY OF INDIA: Codes of Practice
Article 61: The Authority shall issue codes of practice in accordance with this section to promote good practices of data protection and facilitate compliance with the obligations under this Act...
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DATA PROTECTION AUTHORITY OF INDIA: Powers and Functions of the Authority
Article 60: It shall be the duty of the Authority to protect the interests of data principals, prevent any misuse of personal data, ensure compliance with the provisions of this Act, and promote awareness of data protection...
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DATA PROTECTION AUTHORITY OF INDIA: Furnishing of returns, etc. to Central Government
Article 59: The Authority shall furnish to the Central Government at such time and in such form and manner as may be prescribed or as the Central Government may direct...
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DATA PROTECTION AUTHORITY OF INDIA: Accounts and Audit
Article 58: The Authority shall maintain proper accounts and other relevant records and prepare an annual statement of accounts...
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DATA PROTECTION AUTHORITY OF INDIA: Grants by Central Government
Article 57: The Central Government may, after due appropriation made by Parliament by law in this behalf, make to the Authority grants of such sums of money as it may think fit for the purposes of this Act...
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DATA PROTECTION AUTHORITY OF INDIA: Officers and Employees of the Authority
Article 56: The Authority may appoint such officers, employees, consultants and experts as it may consider necessary for effectively discharging its functions under this Act....
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DATA PROTECTION AUTHORITY OF INDIA: Vacancies, etc. not to invalidate proceedings of the Authority
Article 55: No act or proceeding of the Authority shall be invalid merely by reason of...
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DATA PROTECTION AUTHORITY OF INDIA: Meetings of the Authority
Article 54: The chairperson and members of the Authority shall meet at such times and places and shall observe such rules and procedures...
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DATA PROTECTION AUTHORITY OF INDIA: Powers of the chairperson
Article 53: The chairperson shall have powers of general superintendence and direction of the affairs of the Authority...
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DATA PROTECTION AUTHORITY OF INDIA: Removal of members
Article 52: The Central Government may remove from office, the chairperson or any member who...
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DATA PROTECTION AUTHORITY OF INDIA:Terms and conditions of appointment
Article 51: The chairperson and the members shall be appointed for a term of five years or till they attain the age of sixty-five years, whichever is earlier, and they shall not be eligible for re-appointment...
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DATA PROTECTION AUTHORITY OF INDIA: Composition and qualifications for appointment of members
Article 50: The Authority shall consist of a chair person and six whole-time members...
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DATA PROTECTION AUTHORITY OF INDIA: Establishment and incorporation of Authority
Article 49: The Central Government shall, by notification, establish for the purposes of this Act, an Authority to be called the Data Protection Authority of India...
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EXEMPTIONS: Manual processing by small entities
Article 48: Subject to any law for the time being in force, where personal data is processed through means other than automated means by a small entity, the following provisions of the Act shall not apply...
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EXEMPTIONS: Journalistic purposes
Article 47: Where the processing of personal data is necessary for or relevant to a journalistic purpose, the following provisions of the Act shall not apply...
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EXEMPTIONS: Personal or domestic purposes
Article 46: Personal data processed by a natural person in the course of a purely personal or domestic purpose, shall be exempted from the following provisions of this Act...
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EXEMPTIONS: Research, archiving or statistical purposes
Article 45: Where processing of personal data is necessary for research, archiving, or statistical purposes...
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EXEMPTIONS: Processing for the purpose of legal proceedings
Article 44: Where disclosure of personal data is necessary for enforcing any legal right or claim, seeking any relief...
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EXEMPTIONS: Prevention, detection, investigation and prosecution of contraventions of law
Article 43: Processing of personal data in the interests of prevention, detection,investigation...
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EXEMPTIONS: Security of the State
Article 42: Processing of personal data in the interests of the security of the State shall not be permitted unless it is authorised pursuant to a law...
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TRANSFER OF PERSONAL DATA OUTSIDE INDIA: Conditions for Cross-Border Transfer of Personal Data
Article 41: Personal data other than those categories of sensitive personal data notified under sub-section (2) of section 40 may be transferred outside the territory of India where...
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TRANSFER OF PERSONAL DATA OUTSIDE INDIA: Restrictions on Cross-Border Transfer of Personal Data
Article 40: Every data fiduciary shall ensure the storage, on a server or data centre located in India, of at least one serving copy of personal data to which this Act applies...
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TRANSPARENCY AND ACCOUNTABILITY MEASURES: Grievance Redressal
Article 39: Every data fiduciary shall have in place proper procedures and effective mechanisms to address grievances of data principals efficiently and in a speedy manner...
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TRANSPARENCY AND ACCOUNTABILITY MEASURES: Classification of data fiduciaries as significant data fiduciaries
Article 38: The Authority shall, having regard to the following factors, notify certain data fiduciaries or classes of data fiduciaries as significant data fiduciaries...
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TRANSPARENCY AND ACCOUNTABILITY MEASURES: Processing by entities other than data fiduciaries
Article 37: The data fiduciary shall only engage, appoint, use or involve a data processor to process personal data on its behalf through a valid contract...
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TRANSPARENCY AND ACCOUNTABILITY MEASURES: Data Protection Officer
Article 36: The data fiduciary shall appoint a data protection officer for carrying out the following functions...
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TRANSPARENCY AND ACCOUNTABILITY MEASURES: Data Audits
Article 35: The data fiduciary shall have its policies and the conduct of its processing of personal data audited annually by an independent data auditor under this Act...
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TRANSPARENCY AND ACCOUNTABILITY MEASURES: Record-Keeping
Article 34: The data fiduciary shall maintain accurate and up-to-date records of the following...
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TRANSPARENCY AND ACCOUNTABILITY MEASURES: Data Protection Impact Assessment
Article 33: Where the data fiduciary intends to undertake any processing involving new technologies or large scale profiling or...
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TRANSPARENCY AND ACCOUNTABILITY MEASURES: Personal Data Breach
Article 32: The data fiduciary shall notify the Authority of any personal data breach relating to any personal data...
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TRANSPARENCY AND ACCOUNTABILITY MEASURES: Security Safeguards
Article 31: Having regard to the nature, scope and purpose of processing personal data undertaken...
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TRANSPARENCY AND ACCOUNTABILITY MEASURES: Transparency
Article 30: The data fiduciary shall take reasonable steps to maintain transparency regarding its general practices...
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TRANSPARENCY AND ACCOUNTABILITY MEASURES: Privacy by Design
Article 29: Every data fiduciary shall implement policies and measures to ensure that...
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DATA PRINCIPAL RIGHTS: General conditions for the exercise of rights in this Chapter
Article 28: The exercise of any right under this Chapter, except the right under section 27...
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DATA PRINCIPAL RIGHTS: Right to Be Forgotten
Article 27: The data principal shall have the right to restrict or prevent continuing disclosure of personal data by a data fiduciaryrelated to the data principalwhere such disclosure...
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DATA PRINCIPAL RIGHTS: Right to Data Portability
Article 26: The data principal shall have the right to...
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DATA PRINCIPAL RIGHTS: Right to correction, etc
Article 25: Where necessary, having regard to the purposes for which personal data is being processed...
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DATA PRINCIPAL RIGHTS: Right to confirmation and access
Article 24: The data principal shall have the right to obtain from the data fiduciary...
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PERSONAL AND SENSITIVE PERSONAL DATA OF CHILDREN: Processing of personal data and sensitive personal data of children
Article 23: Every data fiduciary shall process personal data of children in a manner that protects and advances the rights and best interests of the child...
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GROUNDS FOR PROCESSING OF SENSITIVE PERSONAL DATA: Further categories of sensitive personal data
Article 22: Such further categories of personal data as may be specified by the Authority shall be sensitive personal data and...
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GROUNDS FOR PROCESSING OF SENSITIVE PERSONAL DATA: Processing of certain categories of sensitive personal data for prompt action
Article 21: Passwords,financial data, health data, official identifiers, genetic data, and biometric data may be processed where such processing is strictly necessary...
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GROUNDS FOR PROCESSING OF SENSITIVE PERSONAL DATA: Processing of sensitive personal data in compliance with law or any order of any court or tribunal
Article 20: Sensitive personal data may be processed if such processing is...
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GROUNDS FOR PROCESSING OF SENSITIVE PERSONAL DATA: Processing of sensitive personal data for certain functions of the State
Article 19: Sensitive personal data may be processed if such processing is strictly necessary for...
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GROUNDS FOR PROCESSING OF SENSITIVE PERSONAL DATA: Processing of sensitive personal data based on explicit consent
Article 18: Sensitive personal data may be processed on the basis of explicit consent...
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GROUNDS FOR PROCESSING OF PERSONAL DATA: Processing of data for reasonable purposes
Article 17: In addition to the grounds for processing contained in section 12 to section 16...
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GROUNDS FOR PROCESSING OF PERSONAL DATA: Processing of personal data necessary for purposes related to employment
Article 16: Personal data may be processed if such processing is necessary for...
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GROUNDS FOR PROCESSING OF PERSONAL DATA: Processing of personal data necessary for prompt action
Article 15: Personal data may be processed if such processing is necessary...
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GROUNDS FOR PROCESSING OF PERSONAL DATA: Processing of personal data in compliance with law or any order of any court or tribunal
Article 14: Personal data may be processed if such processing is...
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GROUNDS FOR PROCESSING OF PERSONAL DATA: Processing of personal data for functions of the State
Article 13: Personal data may be processed if such processing is necessary for any function of Parliament or any State Legislature...
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GROUNDS FOR PROCESSING OF PERSONAL DATA: Processing of personal data on the basis of consent
Article 12: Personal data may be processed on the basis of the consent of the data principal, given no later than at the commencement of the processing...
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DATA PROTECTION OBLIGATIONS: Accountability
Article 11: The data fiduciary shall be responsible for complying with all obligations set out in this Act in respect of any processing undertaken by it or on its behalf...
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DATA PROTECTION OBLIGATIONS: Data storage limitation
Article 10: The data fiduciary shall retain personal data only as long as may be reasonably necessary to satisfy the purpose for which it is processed...
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DATA PROTECTION OBLIGATIONS: Data quality
Article 9: The data fiduciary shall take reasonable steps to ensure that personal data processed is complete, accurate, not misleading and updated, having regard to the purposes for which it is processed...
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DATA PROTECTION OBLIGATIONS: Notice
Article 8: The data fiduciary shall provide the data principal with the following information, no later than at the time of collection of the personal data or...
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DATA PROTECTION OBLIGATIONS: Lawful processing
Article 7: Personal data shall be processed only on the basis of one or a combination of grounds of processing in Chapter III...
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DATA PROTECTION OBLIGATIONS: Collection limitation
Article 6: Collection of personal data shall be limited to such data that is necessary for the purposes of processing...
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DATA PROTECTION OBLIGATIONS: Purpose limitation
Article 5: Personal data shall be processed only for purposes that are clear, specific and lawful...
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DATA PROTECTION OBLIGATIONS: Fair and reasonable processing
Article 4: Any person processing personal data owes a duty to the data principal to process such personal data in a fair and reasonable manner that respects the privacy of the data principal...
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PRELIMINARY: Definitions.—In this Act, unless the context otherwise requires
Article 3: “Aadhaar number”shall have the meaning assigned to it under clause...
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PRELIMINARY: Application of the Act to processing of personal data
Article 2: This Act applies to the following...
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PRELIMINARY: Short title, extentand commencement
Article 1: This Act may be called the Personal Data Protection Act, 2018...
