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
Exemptions are the situations in Section 17 where some or all of the Act's obligations do not apply, such as legal claims, crime investigation, and research.
TL;DR
Exemptions (Section 17) are the situations where some or all of the Act's obligations do not apply, such as enforcing legal claims, judicial functions, investigating offences, and research or statistics that do not target individuals. The government may also notify State instrumentalities for national-security-type exemptions.
The Act provides exemptions in Section 17 for processing necessary to enforce a legal right or claim; by courts, tribunals and regulators; for prevention, detection, investigation or prosecution of offences; for certain foreign contracts; for approved mergers and reconstructions; and for ascertaining a loan defaulter's finances, along with exemptions for notified State instrumentalities and for research, archiving or statistical purposes.
The Act is not absolute. Section 17 lists processing that is exempt from parts of it, including enforcing legal claims, judicial functions, investigating offences, and research or statistical use that does not target individuals.
It also allows the government to notify State instrumentalities for national-security-type exemptions, and gives relief and a possible sunset for startups and notified classes.
Processing data purely to investigate an offence, or for research that does not make decisions about specific individuals, can fall within Section 17 exemptions.
Do exemptions remove all obligations?
Not always. Some exemptions lift only specific provisions; others are broader for notified entities.
Are startups treated differently?
The government may notify startups for relief from certain provisions under Section 17(3).
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