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India Digital Personal Data Protection Act

India Digital Personal Data Protection Act/OBLIGATIONS OF DATA FIDUCIARY/2 of 13

Section 5Notice

Control family: OBLIGATIONS OF DATA FIDUCIARY

Control description

(1) 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,—

(i) the personal data and the purpose for which the same is proposed to be processed;

(ii) the manner in which she may exercise her rights under sub-section (4) of section 6 and section 13; and

(iii) the manner in which the Data Principal may make a complaint to the Board, in such manner and as may be prescribed.

(2) Where a Data Principal has given her consent for the processing of her personal

data before the date of commencement of this Act,—

(a) the Data Fiduciary shall, as soon as it is reasonably practicable, give to the Data Principal a notice informing her,––

(i) the personal data and the purpose for which the same has been processed;

(ii) the manner in which she may exercise her rights under sub-section (4) of section 6 and section 13; and

(iii) the manner in which the Data Principal may make a complaint to the Board, in such manner and as may be prescribed.

(b) the Data Fiduciary may continue to process the personal data until and unless the Data Principal withdraws her consent.

(3) 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.

How to implement

Coming in phase 2Step-by-step guidance for implementing this control on Microsoft Azure, using services such as Azure Policy, Microsoft Defender for Cloud and Entra ID. It will be matched to your environment.