Rule 9, publishing contact information
In short
Every Data Fiduciary must prominently publish, on its website or app, the business contact information of the Data Protection Officer if applicable, or of a person who is able to answer on its behalf the questions of a Data Principal about the processing of her personal data. The same information must be mentioned in every response to a communication for the exercise of a Data Principal's rights under the Act.
01Two obligations in one sentence
- Publish. Prominently, on the website or app.
- Repeat. In every response to a communication for the exercise of rights under the Act.
The second half is the one that gets missed, because it is a template change in the rights handling workflow rather than a change to the website.
02Who the named person is
Rule 9 says the Data Protection Officer if applicable, or a person who is able to answer the questions. The requirement to appoint a Data Protection Officer based in India, responsible to the board of directors or similar governing body, arises under Section 10(2) of the Act for a Significant Data Fiduciary. A Data Fiduciary that has not been designated still has to publish a contact who can answer.
Business contact information means exactly that. A named role with a working channel, not a general enquiries form.
03Common questions
Does every Data Fiduciary need a Data Protection Officer?
The appointment obligation under Section 10(2) applies to a Significant Data Fiduciary. Rule 9 requires every Data Fiduciary to publish contact information for the Data Protection Officer, if applicable, or for a person who can answer questions about the processing.
Where must the information appear?
Prominently on the website or app, and in every response to a communication for the exercise of a Data Principal's rights.
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