How does a Data Fiduciary assess if its data processing is lawful under Section 7(a) of the DPDPA?

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section-7 compliance consent lawful-processing dpdpa

In DPDPA, a Data Fiduciary must ensure that its processing of personal data is lawful. Section 7(a) states that processing is permitted when it is based on "free, specific, informed, and unambiguous consent" from the data principal. But in real-world scenarios, determining whether consent meets these criteria can be complex. How should organizations evaluate the validity of consent to ensure compliance?

For example, if a user gives consent for a service but later claims they were unaware of how their data would be used, would that invalidate the processing? Are there best practices or legal tests that companies can apply to verify compliance with this requirement? If you have insights, experiences, or references to regulatory guidance, please share them.

Akshay145
1 Answers

  1. Voluntary Provision of Data
    • The Data Principal must have voluntarily provided their personal data to the DF.
    • This means the Data Principal was not coerced or misled into providing the data.

  2. Specified Purpose
    • The data must be processed only for the specific purpose for which it was provided.
    • The purpose must be clearly communicated to the Data Principal at the time of data collection.

  3. No Withdrawal of Consent
    • The Data Principal must not have indicated that they do not consent to the use of their data for the specified purpose.
    • If the Data Principal withdraws consent, the DF must cease processing unless there is a valid legal basis (e.g., compliance with a law).

  4. Compliance with DPDPA Principles
    • Ensure the processing adheres to the core principles of the DPDPA, including:
    o Transparency: Clearly inform the Data Principal about the purpose of processing.
    o Data Minimization: Collect and process only the data necessary for the specified purpose.
    o Accountability: Implement measures to demonstrate compliance with the DPDPA.

  5. Documentation and Records
    • Maintain records of:
    o The purpose for which the data was collected.
    o The consent obtained from the Data Principal (if applicable).
    o Any withdrawal of consent or objections raised by the Data Principal.

  6. Example Scenario
    • A customer provides their email address to receive a newsletter. The DF processes the email address only for sending the newsletter and does not use it for other purposes. The customer has not withdrawn consent, and the DF maintains records of the consent and purpose. This processing is lawful under Section 7(a).

Bhardwaj Kulkarni 241
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