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
Person is defined broadly to include individuals, companies, firms, associations, the State and artificial juristic persons.
TL;DR
Person (Section 2(s)) is defined broadly to include individuals, companies, firms, associations, the State and artificial juristic persons. This matters because roles like Data Fiduciary and Data Processor are defined as a person, so almost any entity, including government bodies, can hold them.
"person" includes an individual; a Hindu undivided family; a company; a firm; an association of persons or a body of individuals, whether incorporated or not; the State; and every artificial juristic person not falling within any of the preceding sub-clauses.
The wide definition matters because roles like Data Fiduciary and Data Processor are defined as a 'person'. Almost any kind of entity can hold them.
It includes the State, so government bodies can be Data Fiduciaries, subject to the Act's provisions and exemptions.
A partnership firm, a company and a government department are all 'persons' who can be Data Fiduciaries.
Does 'person' include the government?
Yes. The State is expressly included.
Can a Data Principal be a 'person' in this sense?
A Data Principal is always an individual. The wider 'person' definition governs who can be a fiduciary or processor.
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