dpdpb.in

DPDPB

Article 2
Definitions

In this Act, unless the context otherwise requires,—

  1. “Appellate Tribunal” means the Telecom Disputes Settlement and Appellate Tribunal established under section 14 of the Telecom Regulatory Authority of India Act, 1997;
  2. “automated” means any digital process capable of operating automatically in response to instructions given or otherwise for the purpose of processing data;
  3. “Board” means the Data Protection Board of India established by the Central Government for the purposes of this Act;
  4. “child” means an individual who has not completed eighteen years of age;
  5. “data” means a representation of information, facts, concepts, opinions or instructions in a manner suitable for communication, interpretation or processing by humans or by automated means;
  6. “Data Fiduciary” means any person who alone or in conjunction with other persons determines the purpose and means of processing of personal data;
  7. “Data Principal” means the individual to whom the personal data relates and where such individual is a child includes the parents or lawful guardian of such a child;
  8. “Data Processor” means any person who processes personal data on behalf of a Data Fiduciary; 
  9. “Data Protection Officer” means an individual appointed as such by a Significant Data Fiduciary under the provisions of this Act;
  10. “gain” means- (a) gain in property or a supply of services, whether temporary or permanent; or (b) an opportunity to earn remuneration or greater remuneration or to gain a financial advantage otherwise than by way of remuneration.
  11. “harm”, in relation to a Data Principal, means – (a) any bodily harm; or (b) distortion or theft of identity; or (c) harassment; or (d) prevention of lawful gain or causation of significant loss;
  12. “loss” means – (a) loss in property or interruption in supply of services, whether temporary or permanent; or (b) a loss of an opportunity to earn remuneration or greater remuneration or to gain a financial advantage otherwise than by way of remuneration.
  13. “person” includes— (a) an individual; (b) a Hindu Undivided Family; (c) a company; (d) a firm; (e) an association of persons or a body of individuals, whether incorporated or not; (f) the State; and (g) every artificial juristic person, not falling within any of the preceding sub-clauses; 
  14. “personal data” means any data about an individual who is identifiable by or in relation to such data;
  15. “personal data breach” means any unauthorised processing of personal data or accidental disclosure, acquisition, sharing, use, alteration, destruction of or loss of access to personal data, that compromises the confidentiality, integrity or availability of personal data.
  16. “prescribed” means prescribed by Rules made under the provisions of this Act;
  17. “processing” in relation to personal data means an automated operation or set of operations performed on digital personal data, and may include operations such as collection, recording, organisation, structuring, storage, adaptation, alteration, retrieval, use, alignment or combination, indexing, sharing, disclosure by transmission, dissemination or otherwise making available, restriction, erasure or destruction;
  18. “proceeding” means any action taken by the Board under the provisions of this Act; 
  19. “processing” in relation to personal data, means a wholly or partly automated operation or set of operations performed on digital personal data, and includes operations such as collection, recording, organisation, structuring, storage, adaptation, retrieval, use, alignment or combination, indexing, sharing, disclosure by transmission, dissemination or otherwise making available, restriction, erasure or destruction;
  20. “she” in relation to an individual includes the reference to such individual irrespective of gender;
  21. “Significant Data Fiduciary” means any Data Fiduciary or class of Data Fiduciaries as may be notified by the Central Government under section 10;
  22. “specified purpose” means the purpose mentioned in the notice given by the Data Fiduciary to the Data Principal in accordance with the provisions of this Act and the rules made thereunder; and
  23. “State” means the State as defined under article 12 of the Constitution.
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