Section 10: Additional obligations of Significant Data Fiduciary

Simple Explanation

Section 10 applies to 'Significant Data Fiduciaries', a special class of high-risk data handlers designated by the Central Government. Factors for designation include: • Volume and sensitivity of personal data processed • Risk to rights of Data Principals • Impact on India's sovereignty and integrity • Risk to electoral democracy • Security of the State • Public order concerns Additional obligations for Significant Data Fiduciaries: 1. Appoint a Data Protection Officer (must be based in India). 2. Appoint an independent data auditor to evaluate compliance. 3. Conduct periodic Data Protection Impact Assessments (DPIA). 4. Undertake periodic compliance audits. 5. Follow any other measures prescribed by the government.

Key Points

  • ✓Designated by Central Government based on risk factors
  • ✓Must appoint an India-based Data Protection Officer
  • ✓Must appoint an independent data auditor
  • ✓Must conduct periodic Data Protection Impact Assessments
  • ✓Must undergo periodic audits

Official Text (Summary)

The Central Government may notify certain Data Fiduciaries as Significant based on factors like volume and sensitivity of data, risk to rights of Data Principals, impact on sovereignty, electoral democracy, security, and public order. Significant Data Fiduciaries must: appoint an India-based Data Protection Officer; appoint an independent data auditor; conduct periodic Data Protection Impact Assessments; and undertake periodic audits and other prescribed measures.

Source: The Digital Personal Data Protection Act, 2023 (No. 22 of 2023), Ministry of Law and Justice.

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