THE GAZETTE OF INDIA : EXTRAORDINARY
[ PART II-SEC. 3(i)]
the provider of information to such boy corporate or any other person acting on
behalf of such body corporate.
(7) Body corporate or any person on its behalf shall, prior to the collection of
information including sensitive personal data or information, provide an option to the
provider of the information to not to provide the data or information sought to be
collected. The provider of information shall, at any time while availing the services or
otherwise, also have an option to withdraw its consent given earlier to the body
corporate. Such withdrawal of the consent shall be sent in writing to the body
corporate. In the case of provider of information not providing or later on withdrawing
his consent, the body corporate shall have the option not to provide goods or
services for which the said information was sought.
(8) Body corporate or any person on its behalf shall keep the information secure
as provided in rule 8.
(9) Body corporate shall address any discrepancies and grievances of their
provider of the information with respect to processing of information in a time bound
manner. For this purpose, the body corporate shall designate a Grievance Officer and
publish his name and contact details on its website. The Grievance Officer shall redress
the grievances or provider of information expeditiously but within one month ' from the
date of receipt of grievance.
6. Disclosure of information.— (1) Disclosure of sensitive personal data or information
by body corporate to any third party shall require prior permission from the provider of
such information, who has provided such information under lawful contract or otherwise,
unless such disclosure has been agreed to in the contract between the body corporate
and provider of information, or where the disclosure is necessary for compliance of a
legal obligation:
Provided that the information shall be shared, without obtaining prior
consent from provider of information, with Government agencies mandated under the
law to obtain information including sensitive personal data or information for the
purpose of verification of identity, or for prevention, detection, investigation including
cyber incidents, prosecution, and punishment of offences. The Government agency
shall send a request in writing to the body corporate possessing the sensitive personal
data or information stating clearly the purpose of seeking such information. The
Government agency shall also state that the information so obtained shall not be
published or shared with any other person.
(2) Notwithstanding anything contain in sub-rule (1), any sensitive personal
data on Information shall be disclosed to any third party by an order under the law for
the time being in force.
1330 GI/11-2B