Ch IPreliminary
S.1 Short title and commencementS.2 DefinitionsS.3 Application and scopeCh IIObligations of Data Fiduciary
S.4 Grounds for processingS.5 NoticeS.6 ConsentS.7 Certain legitimate usesS.8 Data Fiduciary obligationsS.9 Children’s dataS.10 Significant Data FiduciaryCh IIIRights and duties of Data Principal
S.11 Right to accessS.12 Correction and erasureS.13 Grievance redressalS.14 Right to nominateS.15 Duties of the Data PrincipalCh IVSpecial provisions
S.16 Transfer outside IndiaS.17 ExemptionsCh VData Protection Board of India
S.18 Establishment of the BoardS.19 Composition of the BoardS.20 Salary and term of officeS.21 DisqualificationsS.22 Resignation and vacanciesS.23 Proceedings of the BoardS.24 Officers and employeesS.25 Members as public servantsS.26 Powers of the ChairpersonCh VIBoard powers and procedure
S.27 Powers and functions of the BoardS.28 Procedure followed by the BoardCh VIIAppeal and dispute resolution
S.29 Appeal to the Appellate TribunalS.30 Tribunal orders as a decreeS.31 Alternate dispute resolutionS.32 Voluntary undertakingCh VIIIPenalties
S.33 Penalties and the ScheduleS.34 Penalties to Consolidated FundCh IXMiscellaneous
S.35 Good-faith protectionS.36 Power to call for informationS.37 Blocking of accessS.38 Consistency with other lawsS.39 Bar of jurisdictionS.40 Power to make rulesS.41 Laying of rules before ParliamentS.42 Power to amend the ScheduleS.43 Power to remove difficultiesS.44 Amendments to other ActsObligation
Data retention rules require a Data Fiduciary to erase personal data once consent is withdrawn or the specified purpose is no longer served, unless a law requires keeping it.
TL;DR
Data retention rules (Sections 8(7) to 8(8)) require a Data Fiduciary to erase personal data once consent is withdrawn or the specified purpose is no longer served, unless a law requires keeping it. The default is deletion, not indefinite storage, and processors must erase too.
A Data Fiduciary shall, unless retention is necessary for compliance with any law, erase personal data upon the Data Principal withdrawing her consent or as soon as it is reasonable to assume that the specified purpose is no longer being served, whichever is earlier, and cause its Data Processor to erase such data.
The default is deletion, not indefinite storage. Once the purpose is done or consent is withdrawn, the fiduciary must erase the data and make its processors do the same.
The purpose is deemed no longer served if the person neither approaches the fiduciary for it nor exercises any rights for a prescribed period, which the Rules set for different classes of fiduciaries.
After a used-car listing sells and the sale concludes, the marketplace should no longer retain the seller's data, unless a law requires it.
When must data be erased?
When consent is withdrawn or the specified purpose is no longer served, whichever is earlier, unless a law requires retention.
Who sets the time periods?
The Rules prescribe them, and they can differ for different classes of fiduciaries and purposes.
Consultant-led and partner-backed.