The Supreme Court of India declared that the right to privacy is a fundamental right and that the right to informational privacy is part of this right. Subsequently, the Parliament of India enacted a new law relating to digital personal data protection. The law applies to Indian residents and businesses collecting the data of Indian residents. It also applies to non-citizens living in India whose data processing is ”in connection with any activity related to the offering of goods or services” that happens outside India. The law allows personal data to be processed for any lawful purpose. If the personal data is sensitive, then additional safeguards are to be observed.
The entity processing data can do so either by taking the concerned individual’s consent or for ”legitimate uses”. which include situations where an individual has voluntarily provided personal data for a specified purpose. The law requires that an individual’s consent must be ”free, specific, informed, unconditional and unambiguous with a clear affirmative action” and for a specific purpose. The data collected has to be limited to that necessary for the specified purpose.
A clear notice containing these details has to be provided to consumers, including the rights of the concerned individual and the grievance redressal mechanism. Individuals have the right to withdraw consent if consent is the ground on which data is being processed. The law also creates rights and obligations for individuals. These include the right to get a summary of all the collected data and to know the identities of all other entities/organisations with whom the personal data has been shared, along with a description of the data shared. Individuals also have the right to correction. completion, updating, and erasure of their data. Besides, they have a right to obtain redressal for their grievances and a right to nominate persons who will receive their data. [Excerpts from Anirudh Burman, ”Understanding India’s New Data Protection Law”, CARNEGIE INDIA, October 03, 2023]
A financial institution collects biometric data from its clients for verification purposes. If the clients wish to know what data has been collected, under the digital personal data protection law in India, what right allows them to request this information?
Correct Answer :
Right to Access
Solution :
The correct option is Right to Access.
Step-by-step Explanation:
1. Analyze the Question Scenario:
A financial institution collects biometric data from its clients for verification purposes. The clients wish to know what data has been collected and request this information under the Digital Personal Data Protection law in India.
2. Examine the Passage Excerpt:
According to the provided text:
"These include the right to get a summary of all the collected data and to know the identities of all other entities/organisations with whom the personal data has been shared, along with a description of the data shared."
3. Identify the Specific Right:
The right of an individual to know, access, or obtain a summary of the personal data collected about them by an entity/data fiduciary is legally known and categorized as the Right to Access (or right to access information about personal data).
4. Evaluate Other Options:
- Right to Data Portability: Relies on transferring data from one provider/system to another.
- Right to Correction: Refers to the right to request correction, completion, or updating of inaccurate data.
- Right to Be Forgotten: Refers to the right to erasure/deletion of personal data.
- Right to Access: Specifically empowers the client to request and view what personal data has been collected about them.
Therefore, the clients are exercising their Right to Access.
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