Section 5: Notice
Simple Explanation
Section 5 requires Data Fiduciaries to provide a clear notice BEFORE or WITH the consent request. The notice must tell the individual:
1. What personal data will be collected and why.
2. How they can exercise their rights (withdraw consent, file grievances, etc.).
3. How to complain to the Data Protection Board.
For data collected before this Act came into force, a similar notice must be sent soon after commencement. The notice must be accessible in English or any of the languages listed in the Constitution's Eighth Schedule.
Key Points
- ✓Notice must accompany or precede every consent request
- ✓Must explain what data is collected and for what purpose
- ✓Must inform about rights and complaint mechanisms
- ✓Must be available in English or Eighth Schedule languages
- ✓Existing pre-Act consents require a retrospective notice
Official Text (Summary)
Every request for consent must be accompanied or preceded by a notice informing the Data Principal about: (i) the personal data and purpose of processing, (ii) how they can exercise their rights, and (iii) how to file a complaint with the Board. For pre-Act consents, a similar notice must be given as soon as reasonably practicable. The notice must be available in English or any Eighth Schedule language.
Source: The Digital Personal Data Protection Act, 2023 (No. 22 of 2023), Ministry of Law and Justice.
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