Readiness assessment

Concept

Certain Legitimate Uses

Certain legitimate uses are the situations in Section 7 where a Data Fiduciary may process personal data without separate consent.

Defined inSection 7 / 2(d)
CategoryConsent & Notice
Applies toProcessing without fresh consent in defined situations

What the Act says

DPDP Act 2023, Section 7

A Data Fiduciary may process personal data of a Data Principal for any of the following uses, namely: for the specified purpose for which the Data Principal has voluntarily provided her personal data; for the State to provide subsidies, benefits, services, certificates, licences or permits; for functions of the State; for legal obligations; for court orders; for medical emergencies; for public health measures; for disaster or public order; and for specified employment purposes.

In plain language

Consent is not the only lawful basis. Section 7 lists specific uses, such as data a person voluntarily provides for a stated purpose, medical emergencies, public health, disaster response and defined employment purposes.

These are narrow and defined. They are not a general 'legitimate interest' catch-all, and each has its own conditions.

Example

A pharmacy sending a payment receipt to a customer who voluntarily gave her number for that purpose relies on a certain legitimate use, not fresh consent.

Compare

See how this term differs from the ones people most often confuse it with.

Consent vs Certain Legitimate Uses →

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Frequently asked questions

Is this the same as GDPR legitimate interest?

No. It is a closed list of defined uses, not an open balancing test.

Does a medical emergency need consent?

No. Responding to a medical emergency is a certain legitimate use under Section 7.

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