DIGITAL PERSONAL DATA PROTECTION ACT – 2023: KEY STAKEHOLDER AND UNDERSTANDING OF THE TERMS

In the dynamic landscape of digital data protection, the 2023 Digital Personal Data Protection Act (DPDP Act) stands as a pivotal framework. At its core, this act intricately defines a spectrum of parties that form its foundation. To grasp the true essence of this legislation, an exploration of these integral stakeholders and their unique roles becomes imperative along with understanding of certain terms mentioned in the Act.

Parties involved

Data Principal:

The individual to whom the personal data relates:

  • In case of a child, it includes parents or lawful guardian
  • In case of person with disability, includes her lawful guardian, acting on her behalf

Person

The term “Person” includes an individual; a HUF; a company; a firm; an AOP / BOI, whether operated or not; the State; and every artificial juristic person who is not falling within any of the above.

Child

Any individual who has not completed the age of 18

 

Data Fiduciary:

Any person who alone or in conjunction with other persons determines the purpose and means of processing the personal data.

Data Processor:

Any person who processes the personal data on behalf of the data fiduciary.

Consent Manager:

Person registered with the Data Protection Board of India, who acts a single point of contact to enable data principal to give, manage, review, and withdraw her consent through an accessible, transparent, and interoperable platform.

Key Terms

Personal Data: Any data about an individual who is identifiable by or in relation to such data

Personal Data Breach: Any unauthorized processing of personal data or accidental disclosure, acquisition, sharing, use, alteration, destruction, or loss of access to personal data, that compromises the confidentiality, integrity, or availability of personal data.

Digital Personal Data: Personal data in digital form.

Processing: a wholly or partly automated operation or set of operations performed on digital personal data and includes operations such as

  • Collection
  • Recording
  • Organizing
  • Structuring
  • Storage
  • Adaption
  • Retrieval
  • Use
  • Alignment or combination
  • Indexing
  • Sharing
  • Disclosure by transmission
  • Dissemination or otherwise making available, restriction, erasure or destruction.

 

 

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