Section 2 Definitions
- Chapter
- I · Preliminary
2. In this Act, unless the context otherwise requires,-
(a) "Appellate TribunalDefined in section 2(a): Appellate Tribunal means the Telecom Disputes Settlement and Appellate Tribunal established under section 14 of the Telecom Regulatory Authority of India Act, 1997" means the Telecom Disputes Settlement and Appellate TribunalDefined in section 2(a): Appellate Tribunal means the Telecom Disputes Settlement and Appellate Tribunal established under section 14 of the Telecom Regulatory Authority of India Act, 1997 established under section 14 of the Telecom Regulatory Authority of India Act, 1997;
(b) "automatedDefined in section 2(b): automated means any digital process capable of operating automatically in response to instructions given or otherwise for the purpose of processing data" means any digital process capable of operating automatically in response to instructions given or otherwise for the purpose of processingDefined in section 2(x): 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... dataDefined in section 2(h): data means a representation of information, facts, concepts, opinions or instructions in a manner suitable for communication, interpretation or processing by human beings or by automated means;
(c) "BoardDefined in section 2(c): Board means the Data Protection Board of India established by the Central Government under section 18" means the DataDefined in section 2(h): data means a representation of information, facts, concepts, opinions or instructions in a manner suitable for communication, interpretation or processing by human beings or by automated means Protection BoardDefined in section 2(c): Board means the Data Protection Board of India established by the Central Government under section 18 of India established by the Central Government under section 18;
(d) "certain legitimate usesDefined in section 2(d): certain legitimate uses means the uses referred to in section 7" means the uses referred to in section 7;
(e) "ChairpersonDefined in section 2(e): Chairperson means the Chairperson of the Board" means the ChairpersonDefined in section 2(e): Chairperson means the Chairperson of the Board of the BoardDefined in section 2(c): Board means the Data Protection Board of India established by the Central Government under section 18;
(f) "childDefined in section 2(f): child means an individual who has not completed the age of eighteen years" means an individual who has not completed the age of eighteen years;
(g) "Consent ManagerDefined in section 2(g): Consent Manager means a person registered with the Board, who acts as a single point of contact to enable a Data Principal to give, manage, review and withdraw her consent through an accessible, transparent and interoperable platform" means a personDefined in section 2(s): person includes (i) an individual; (ii) a Hindu undivided family; (iii) a company; (iv) a firm; (v) an association of persons or a body of individuals, whether incorporated or not; (vi) the State; and (vii) every artificial juristic person, not falling within any of the preceding sub clauses registered with the BoardDefined in section 2(c): Board means the Data Protection Board of India established by the Central Government under section 18, who acts as a single point of contact to enable a Data PrincipalDefined in section 2(j): Data Principal means the individual to whom the personal data relates and where such individual is (i) a child, includes the parents or lawful guardian of such a child; (ii) a person with disability, includes her lawful guardian, acting on her behalf to give, manage, review and withdraw her consent through an accessible, transparent and interoperable platform;
(h) "dataDefined in section 2(h): data means a representation of information, facts, concepts, opinions or instructions in a manner suitable for communication, interpretation or processing by human beings or by automated means" means a representation of information, facts, concepts, opinions or instructions in a manner suitable for communication, interpretation or processingDefined in section 2(x): 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 human beings or by automatedDefined in section 2(b): automated means any digital process capable of operating automatically in response to instructions given or otherwise for the purpose of processing data means;
(i) "Data FiduciaryDefined in section 2(i): Data Fiduciary means any person who alone or in conjunction with other persons determines the purpose and means of processing of personal data" means any personDefined in section 2(s): person includes (i) an individual; (ii) a Hindu undivided family; (iii) a company; (iv) a firm; (v) an association of persons or a body of individuals, whether incorporated or not; (vi) the State; and (vii) every artificial juristic person, not falling within any of the preceding sub clauses who alone or in conjunction with other persons determines the purpose and means of processingDefined in section 2(x): 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... of personal dataDefined in section 2(t): personal data means any data about an individual who is identifiable by or in relation to such data;
(j) "Data PrincipalDefined in section 2(j): Data Principal means the individual to whom the personal data relates and where such individual is (i) a child, includes the parents or lawful guardian of such a child; (ii) a person with disability, includes her lawful guardian, acting on her behalf" means the individual to whom the personal dataDefined in section 2(t): personal data means any data about an individual who is identifiable by or in relation to such data relates and where such individual is-
(i) a childDefined in section 2(f): child means an individual who has not completed the age of eighteen years, includes the parents or lawful guardian of such a childDefined in section 2(f): child means an individual who has not completed the age of eighteen years;
(ii) a personDefined in section 2(s): person includes (i) an individual; (ii) a Hindu undivided family; (iii) a company; (iv) a firm; (v) an association of persons or a body of individuals, whether incorporated or not; (vi) the State; and (vii) every artificial juristic person, not falling within any of the preceding sub clauses with disability, includes her lawful guardian, acting on her behalf;
(k) "Data ProcessorDefined in section 2(k): Data Processor means any person who processes personal data on behalf of a Data Fiduciary" means any personDefined in section 2(s): person includes (i) an individual; (ii) a Hindu undivided family; (iii) a company; (iv) a firm; (v) an association of persons or a body of individuals, whether incorporated or not; (vi) the State; and (vii) every artificial juristic person, not falling within any of the preceding sub clauses who processes personal dataDefined in section 2(t): personal data means any data about an individual who is identifiable by or in relation to such data on behalf of a Data FiduciaryDefined in section 2(i): Data Fiduciary means any person who alone or in conjunction with other persons determines the purpose and means of processing of personal data;
(l) "Data Protection OfficerDefined in section 2(l): Data Protection Officer means an individual appointed by the Significant Data Fiduciary under clause (a) of sub section (2) of section 10" means an individual appointed by the Significant Data FiduciaryDefined in section 2(z): Significant Data Fiduciary means any Data Fiduciary or class of Data Fiduciaries as may be notified by the Central Government under section 10 (za) 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... under clause (a) of sub-section (2) of section 10;
(m) "digital officeDefined in section 2(m): digital office means an office that adopts an online mechanism wherein the proceedings, from receipt of intimation or complaint or reference or directions or appeal, as the case may be, to the disposal thereof, are conducted in online or digital mode" means an office that adopts an online mechanism wherein the proceedings, from receipt of intimation or complaint or reference or directions or appeal, as the case may be, to the disposal thereof, are conducted in online or digital mode;
(n) "digital personal dataDefined in section 2(n): digital personal data means personal data in digital form" means personal dataDefined in section 2(t): personal data means any data about an individual who is identifiable by or in relation to such data in digital form;
(o) "gainDefined in section 2(o): gain means (i) a gain in property or supply of services, whether temporary or permanent; or (ii) an opportunity to earn remuneration or greater remuneration or to gain a financial advantage otherwise than by way of legitimate remuneration" means -
(i) a gainDefined in section 2(o): gain means (i) a gain in property or supply of services, whether temporary or permanent; or (ii) an opportunity to earn remuneration or greater remuneration or to gain a financial advantage otherwise than by way of legitimate remuneration in property or supply of services, whether temporary or permanent; or
(ii) an opportunity to earn remuneration or greater remuneration or to gainDefined in section 2(o): gain means (i) a gain in property or supply of services, whether temporary or permanent; or (ii) an opportunity to earn remuneration or greater remuneration or to gain a financial advantage otherwise than by way of legitimate remuneration a financial advantage otherwise than by way of legitimate remuneration;
(p) "lossDefined in section 2(p): loss means (i) a loss in property or interruption in supply of services, whether temporary or permanent; or (ii) a loss of opportunity to earn remuneration or greater remuneration or to gain a financial advantage otherwise than by way of legitimate remuneration" means--
(i) a lossDefined in section 2(p): loss means (i) a loss in property or interruption in supply of services, whether temporary or permanent; or (ii) a loss of opportunity to earn remuneration or greater remuneration or to gain a financial advantage otherwise than by way of legitimate remuneration in property or interruption in supply of services, whether temporary or permanent; or
(ii) a lossDefined in section 2(p): loss means (i) a loss in property or interruption in supply of services, whether temporary or permanent; or (ii) a loss of opportunity to earn remuneration or greater remuneration or to gain a financial advantage otherwise than by way of legitimate remuneration of opportunity to earn remuneration or greater remuneration or to gainDefined in section 2(o): gain means (i) a gain in property or supply of services, whether temporary or permanent; or (ii) an opportunity to earn remuneration or greater remuneration or to gain a financial advantage otherwise than by way of legitimate remuneration a financial advantage otherwise than by way of legitimate remuneration;
(q) "MemberDefined in section 2(q): Member means a Member of the Board and includes the Chairperson" means a MemberDefined in section 2(q): Member means a Member of the Board and includes the Chairperson of the BoardDefined in section 2(c): Board means the Data Protection Board of India established by the Central Government under section 18 and includes the ChairpersonDefined in section 2(e): Chairperson means the Chairperson of the Board;
(r) "notificationDefined in section 2(r): notification means a notification published in the Official Gazette and the expressions notify and notified shall be construed accordingly" means a notificationDefined in section 2(r): notification means a notification published in the Official Gazette and the expressions notify and notified shall be construed accordingly published in the Official Gazette and the expressions "notify" and "notified" shall be construed accordingly;
(s) "personDefined in section 2(s): person includes (i) an individual; (ii) a Hindu undivided family; (iii) a company; (iv) a firm; (v) an association of persons or a body of individuals, whether incorporated or not; (vi) the State; and (vii) every artificial juristic person, not falling within any of the preceding sub clauses" includes
(i) an individual;
(ii) a Hindu undivided family;
(iii) a company;
(iv) a firm;
(v) an association of persons or a body of individuals, whether incorporated or not;
(vi) the State; and
(vii) every artificial juristic personDefined in section 2(s): person includes (i) an individual; (ii) a Hindu undivided family; (iii) a company; (iv) a firm; (v) an association of persons or a body of individuals, whether incorporated or not; (vi) the State; and (vii) every artificial juristic person, not falling within any of the preceding sub clauses, not falling within any of the preceding sub-clauses;
(t) "personal dataDefined in section 2(t): personal data means any data about an individual who is identifiable by or in relation to such data" means any dataDefined in section 2(h): data means a representation of information, facts, concepts, opinions or instructions in a manner suitable for communication, interpretation or processing by human beings or by automated means about an individual who is identifiable by or in relation to such dataDefined in section 2(h): data means a representation of information, facts, concepts, opinions or instructions in a manner suitable for communication, interpretation or processing by human beings or by automated means;
(u) "personal data breachDefined in section 2(u): personal data breach means any unauthorised 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" means any unauthorised processingDefined in section 2(x): 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... of personal dataDefined in section 2(t): personal data means any data about an individual who is identifiable by or in relation to such data or accidental disclosure, acquisition, sharing, use, alteration, destruction or lossDefined in section 2(p): loss means (i) a loss in property or interruption in supply of services, whether temporary or permanent; or (ii) a loss of opportunity to earn remuneration or greater remuneration or to gain a financial advantage otherwise than by way of legitimate remuneration of access to personal dataDefined in section 2(t): personal data means any data about an individual who is identifiable by or in relation to such data, that compromises the confidentiality, integrity or availability of personal dataDefined in section 2(t): personal data means any data about an individual who is identifiable by or in relation to such data
(v) "prescribedDefined in section 2(v): prescribed means prescribed by rules made under this Act" means prescribedDefined in section 2(v): prescribed means prescribed by rules made under this Act by rules made under this Act;
(w) "proceedingDefined in section 2(w): proceeding means any action taken by the Board under the provisions of this Act" means any action taken by the BoardDefined in section 2(c): Board means the Data Protection Board of India established by the Central Government under section 18 under the provisions of this Act;
(x) "processingDefined in section 2(x): 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..." in relation to personal dataDefined in section 2(t): personal data means any data about an individual who is identifiable by or in relation to such data, means a wholly or partly automatedDefined in section 2(b): automated means any digital process capable of operating automatically in response to instructions given or otherwise for the purpose of processing data operation or set of operations performed on digital personal dataDefined in section 2(n): digital personal data means personal data in digital form, 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
(y) "sheDefined in section 2(y): she in relation to an individual includes the reference to such individual irrespective of gender" in relation to an individual includes the reference to such individual irrespective of gender;
(z) "Significant Data FiduciaryDefined in section 2(z): Significant Data Fiduciary means any Data Fiduciary or class of Data Fiduciaries as may be notified by the Central Government under section 10 (za) 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..." means any Data FiduciaryDefined in section 2(i): Data Fiduciary means any person who alone or in conjunction with other persons determines the purpose and means of processing of personal data or class of DataDefined in section 2(h): data means a representation of information, facts, concepts, opinions or instructions in a manner suitable for communication, interpretation or processing by human beings or by automated means Fiduciaries as may be notified by the Central Government under section 10
(za) "specified purpose" means the purpose mentioned in the notice given by the Data FiduciaryDefined in section 2(i): Data Fiduciary means any person who alone or in conjunction with other persons determines the purpose and means of processing of personal data to the Data PrincipalDefined in section 2(j): Data Principal means the individual to whom the personal data relates and where such individual is (i) a child, includes the parents or lawful guardian of such a child; (ii) a person with disability, includes her lawful guardian, acting on her behalf in accordance with the provisions of this Act and the rules made thereunder; and
(zb) "State" means the State as defined under article 12 of the Constitution.