19
of the Bill, distinctly carves out the "right to be forgotten" in no
uncertain terms. In terms of this provision, every data
principal shall have the right to restrict or prevent continuing
disclosure of personal data (relating to such data principal) by
any data fiduciary if such disclosure meets any one of the
following three conditions, namely if the disclosure of personal
data:
(i) has served the purpose for which it was made or is no
longer necessary; or (ii) was made on the basis of the data
principal's
consent
and
such
consent
has
since
been
withdrawn; or (iii) was made contrary to the provisions of the
bill or any other law in force.
In addition to this, Section 10 of the Bill provides that a
data fiduciary shall retain personal data only as long as may
be reasonably necessary to satisfy the purpose for which it is
processed. Further, it imposes an obligation on every data
fiduciary to undertake periodic reviews in order to determine
whether it is necessary to retain the personal data in its
possession. If it is not necessary for personal data to be
retained by a data fiduciary, then such personal data must be
deleted in a manner as may be specified.