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

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