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 ActsConcept
Digital personal data is personal data in digital form. It is the precise subject the DPDP Act regulates.
TL;DR
Digital personal data (Section 2(n)) is personal data in digital form, and it is the precise subject the DPDP Act regulates, whether collected digitally or collected on paper and later digitised. The scope test has two limbs: the information must be personal data, and it must be in digital form.
"digital personal data" means personal data in digital form.
The Act does not govern all personal data, only the digital kind. That means data collected digitally, or collected on paper and then digitised.
This is why the scope test has two limbs: the information must be personal data, and it must be in digital form for the Act's obligations to bite.
A signed paper form in a drawer is not digital personal data. The moment its contents are typed into a system, it becomes digital personal data.
See how this term differs from the ones people most often confuse it with.
Personal Data vs Digital Personal Data →What makes data 'digital'?
It is in digital form, or was collected on paper and digitised afterwards. Both are covered.
Does digitising old records bring them into scope?
Yes. Non-digital data that is digitised subsequently is covered by the Act.
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