Data Privacy

Establishing a Secure Privacy Framework: Mapping Organizational Needs to the DPDP Act 2023

By Kiron Mullick

Updated: July 29, 2024 ~ 4 Minutes Reading

With the Digital Personal Data Protection (DPDP) Act 2023 coming into effect, organizations must align their data processing activities with the Act’s provisions to ensure a robust and compliant privacy framework. This article outlines how businesses can map their specific needs to the relevant clauses of Chapter 3 of the DPDP Act 2023, fostering a secure and transparent data processing environment.

1. Right to Access Information about Personal Data

  • Relevant Clauses: Clause 11
  • Organizational Need: To provide data principals with access to their personal data and information about its processing.

Mapping to DPDP Act:

  • Clause 11(1)(a): Data principals have the right to obtain a summary of their personal data and the processing activities undertaken by the Data Fiduciary.
  • Clause 11(1)(b): Data principals have the right to know the identities of other Data Fiduciaries and Data Processors with whom their personal data has been shared.
  • Clause 11(1)(c): Data principals can request any other prescribed information related to their personal data and its processing.

Action Steps:

  1. Implement Data Access Mechanisms: Develop systems that allow data principals to easily request and access a summary of their personal data and processing activities.
  2. Maintain Transparency in Data Sharing: Ensure that records of data sharing with other Data Fiduciaries and Data Processors are maintained and can be disclosed to data principals upon request.
  3. Provide Comprehensive Information: Establish procedures to provide additional relevant information related to personal data processing as required by regulations.

2. Right to Correction, Completion, Updating, and Erasure

  • Relevant Clauses: Clause 12
  • Organizational Need: To correct, complete, update, and erase personal data upon request.

Mapping to DPDP Act:

  • Clause 12(1): Data principals have the right to correct, complete, update, and erase their personal data.
  • Clause 12(2): Data Fiduciaries must correct inaccurate or misleading personal data, complete incomplete data, and update personal data upon request.
  • Clause 12(3): Data Fiduciaries must erase personal data upon request, unless retention is necessary for a specified purpose or compliance with the law.

Action Steps:

  1. Develop Data Correction Protocols: Implement processes for data principals to request corrections, completions, and updates to their personal data.
  2. Ensure Data Accuracy: Regularly review and update personal data to maintain accuracy and relevance.
  3. Facilitate Data Erasure Requests: Create mechanisms to handle data erasure requests efficiently, ensuring compliance with legal requirements for data retention.

3. Right to Grievance Redressal

  • Relevant Clauses: Clause 13
  • Organizational Need: To provide means of grievance redressal for data principals regarding data processing activities.

Mapping to DPDP Act:

  • Clause 13(1): Data principals have the right to have readily available means of grievance redressal provided by the Data Fiduciary or Consent Manager.
  • Clause 13(2): Data Fiduciaries or Consent Managers must respond to grievances within a prescribed period.
  • Clause 13(3): Data principals must exhaust the opportunity for grievance redressal before approaching the Board.

Action Steps:

  1. Establish Grievance Redressal Mechanisms: Set up robust grievance redressal processes with clear contact details for handling queries and complaints.
  2. Timely Response to Grievances: Ensure that grievances are addressed within the prescribed period.
  3. Educate Data Principals: Inform data principals about the grievance redressal process and the steps to take before approaching the Board.

4. Right to Nominate Representatives

  • Relevant Clauses: Clause 14
  • Organizational Need: To allow data principals to nominate representatives in case of death or incapacity.

Mapping to DPDP Act:

  • Clause 14(1): Data principals have the right to nominate an individual to exercise their rights in case of death or incapacity.
  • Clause 14(2): Incapacity includes unsoundness of mind or infirmity of body.

Action Steps:

  1. Enable Nomination Process: Create a process for data principals to nominate representatives.
  2. Ensure Legal Compliance: Verify that the nomination process complies with the legal definitions of incapacity.

5. Duties of Data Principals

  • Relevant Clauses: Clause 15
  • Organizational Need: To ensure data principals fulfil their duties while exercising their rights under the Act.

Mapping to DPDP Act:

  • Clause 15(a): Data principals must comply with applicable laws.
  • Clause 15(b): Data principals must not impersonate others while providing personal data.
  • Clause 15(c): Data principals must not suppress material information.
  • Clause 15(d): Data principals must not register false or frivolous grievances.
  • Clause 15(e): Data principals must provide verifiably authentic information while exercising correction or erasure rights.

Action Steps:

  1. Educate Data Principals: Inform data principals about their duties under the Act.
  2. Implement Verification Mechanisms: Establish procedures to verify the authenticity of the information provided by data principals.
  3. Prevent Misuse: Develop safeguards to prevent impersonation, suppression of information, and frivolous grievances.

Also Read: Mapping Organizational Needs to the DPDP Act 2023 in Chapter 2