The past as a compass for the future

The past as a compass for the future

SMEs and the startup ecosystem in India share concerns about the (retracted) draft Data Protection Bill, 2021 - and the way forward for businesses

Sweta Dash

@sd93

Glossary

Submitted Aug 18, 2022

  • Personal Data: Data about or relating to a natural person’s directly or indirectly identifiable information.

  • Non-personal Data: Data that is not about or relating to a natural person’s identifiable information or data that includes anonymised personal data.

  • Sensitive personal Data: A type of personal data related to a natural person’s financial data, health data, official identifiers, sex life, sexual orientation, biometric data, genetic data, transgender or intersex status, caste or tribe, religious or political beliefs or affiliations, or any other category of data specified by the government, in consultation with the Authority and the concerned sectoral regulator.

  • Critical personal Data: The Government can categorise certain personal data as critical personal data, and this can only be processed in India.

  • Data Principal: The individual or natural person whose data is required to be collected.

  • Data Fiduciary: The entity that determines the purpose and manner of processing personal data.

  • Data Processor: The entity which processes the data on behalf of the data fiduciary.

  • Data Protection Authority: The role of the Data Protection Authority is to protect interests of individuals, prevent misuse of personal data, and ensure compliance with the Bill. The members of the DPA will be appointed by the Government.

  • Data protection Officer: A representative of the fiduciary who shall coordinate with the Data Protection Authority.

  • Significant Data Fiduciary: The Data Protection Authority can categorise a class of data fiduciaries as “significant” based on the volume and sensitivity of data processed, turnover and risk associated, and so on.

  • Social Media Intermediaries: The entities that “primarily or solely” enable online interaction between two or more users and enable them to create, upload, share, disseminate, modify or access” information using their services, excluding search engines, email services, internet access providers, and entities that enable commercial or business-oriented transactions.

  • Significant Social Media Intermediaries: Social media intermediaries with more than 50 lakh registered users in India.

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