Rule 16, research and archiving exemption
In short
The provisions of the Act do not apply to the processing of personal data necessary for research, archiving or statistical purposes, if that processing is carried on in accordance with the standards specified in the Second Schedule.
The exemption is conditional. Meeting the Second Schedule standards is what earns it.
01The conditions attached
The Second Schedule requires implementation of appropriate technical and organisational measures to ensure effective observance of the following, in accordance with applicable law.
- Processing is carried out in a lawful manner.
- Processing is done for the uses in Section 7(b) of the Act or the purposes in Section 17(2)(b), as the case may be.
- Processing is limited to the personal data necessary for those uses or purposes.
- Reasonable efforts are made to ensure completeness, accuracy and consistency of the personal data.
- Personal data is retained only while required for those uses or purposes, or for compliance with any law in force.
- Reasonable security safeguards to prevent personal data breach protect the data in the possession or under the control of the Data Fiduciary, including where processing is carried out on its behalf by a Data Processor.
- Accountability rests with the person who, alone or with others, determines the purpose and means of the processing.
The Second Schedule also carries an intimation requirement, together with contact information and the means of exercising rights, but that requirement is expressed for processing under Section 7(b) of the Act.
02Reading the exemption carefully
Two points are worth holding onto. First, the exemption applies to processing necessary for the stated purposes, so the necessity of the processing is part of the test rather than the label attached to the project. Second, security safeguards are inside the conditions, which means an exempt research programme that is not secured has not met the condition on which the exemption rests.
03Common questions
Is research fully exempt from the DPDP Act?
The Act does not apply to processing necessary for research, archiving or statistical purposes only where that processing is carried on in accordance with the Second Schedule standards.
Do security obligations still apply to exempt research?
The Second Schedule includes reasonable security safeguards to prevent personal data breach among the standards that condition the exemption.
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