Section 3 of The Digital Personal Data Protection Act, 2023 in hindi — Application of Act

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Bare section text

Official Legislative Text

Subject to the provisions of this Act, it shall---

(a)apply to the processing of digital personal data within the territory of India where the personal data is collected---
1. (i)in digital form; or
2. (ii)in non-digital form and digitised subsequently;
(b)also apply to processing of digital personal data outside the territory of India, if such processing is in connection with any activity related to offering of goods or services to Data Principals within the territory of India;
(c)not apply to---
1. (i)personal data processed by an individual for any personal or domestic purpose; and
2. (ii)personal data that is made or caused to be made publicly available by---
(A)the Data Principal to whom such personal data relates; or
(B)any other person who is under an obligation under any law for the time being in force in India to make such personal data publicly available. Illustration. X, an individual, while blogging her views, has publicly made available her personal data on social media. In such case, the provisions of this Act shall not apply.

Educational Study Layer

Summary

The Act applies to personal data collected in India in digital form.
It also applies to data collected on paper in India if it is later turned into digital data.
It can apply to data processing outside India if it involves offering goods or services to people in India.
It does not apply to data processed by an individual for personal or domestic reasons.
It does not apply to data that the user has made publicly available themselves.
It does not apply to data that must be made public by law.

Practical examples

1A woman in Delhi posts her phone number on her public social media profile to sell her bicycle, the Act's protections do not apply to this specific data because she made it public herself.

2A French clothing brand sells dresses to customers in Chennai via a website, the Act applies to the brand even though it is located outside India because it is offering goods to people in India.

3Amit keeps a digital list of his friends' birthdays on his private laptop for personal use, this Act does not apply to his list.

FAQ

1. Does this law apply to my physical diaries?

Only if the information in them is digitised later, otherwise, it applies to data collected digitally.

2. If a company is based in the USA, do they have to follow this Indian law?

Yes, if they are processing digital personal data to offer goods or services to people within India.

3. What if I post my email address on a public blog?

The Act does not apply to personal data that you have made publicly available yourself.

4. Does the law cover my personal contact list on my phone?

The Act does not apply to personal data processed by an individual for any personal or domestic purpose.

Practice Quiz

Q1.Under Section 3 of The Digital Personal Data Protection Act, 2023, in which scenario would the Act apply to personal data collected in non-digital form?

Q2.According to Section 3 of The Digital Personal Data Protection Act, 2023, does the law apply to a foreign company located in Japan?

Q3.Under Section 3 of The Digital Personal Data Protection Act, 2023, which of the following is specifically excluded from the Act's application?

Q4.If an individual is required by a specific Indian law to publish their financial assets online, does The Digital Personal Data Protection Act, 2023 apply to that data according to Section 3?

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