Rule 2, definitions
In short
Rule 2 defines only four expressions. Everything else used in the Rules but not defined in them carries the meaning assigned to it in the DPDP Act 2023.
01The four definitions
| Expression | Meaning under Rule 2(1) |
|---|---|
| Act | The Digital Personal Data Protection Act, 2023 (22 of 2023) |
| Techno legal measures | As referred to under rules 20 and 22 |
| User account | The online account registered by the Data Principal with the Data Fiduciary, including any profiles, pages, handles, email address, mobile number and other similar presences by means of which the Data Principal is able to access the services of that Data Fiduciary |
| Verifiable consent | A consent as specified in rule 10 or rule 11 |
02Why the user account definition matters
The definition of user account is unusually wide, and it is load bearing in two places.
- Rule 7(1) requires intimation of a personal data breach to each affected Data Principal through her user account or any mode of communication she has registered with the Data Fiduciary. A registered mobile number or email address falls inside the definition.
- Rule 8(2) requires notice before erasure, which the Data Principal can stop by logging into her user account or otherwise initiating contact.
An organisation that treats "user account" as meaning only a password protected web login will under scope both obligations.
03Terms taken from the Act
Data Fiduciary, Data Processor, Data Principal, personal data, personal data breach, processing, Significant Data Fiduciary and Board are all defined in the Act, not in the Rules. There is no controller and no data subject under Indian law. Documents using those terms in an Indian context have been ported from another regime.
04Common questions
What are techno legal measures?
Rule 2 defines the expression by reference to rules 20 and 22, which allow the Board and the Appellate Tribunal to function as digital offices and conduct proceedings without requiring physical presence.
Is a mobile number a user account?
The definition includes a mobile number among the presences by means of which a Data Principal accesses the services of the Data Fiduciary.
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