(12) “Data”means and includes a representation of information, facts, concepts, opinions, or
instructions in a manner suitable for communication, interpretation, or processing by
humans or by automated means;
(13) “Data fiduciary”means any person, including the State, a company, any juristic entity or
any individual who alone or in conjunction with others determines the purpose and means
of processing of personal data;
(14) “Data principal”means the natural person to whom the personal data referred to in subclause (28) relates;
(15) “Data processor”means any person, including the State, a company, any juristic entity or
any individual who processes personal data on behalf of a data fiduciary, but does not
include an employee of the data fiduciary;
(16) “De-identification”meansthe process by which a data fiduciary or data processor may
remove, or mask identifiers from personal data, or replace them with such other fictitious
name or code that is unique to an individual but does not, on its own, directly identify the
data principal;
(17) “Disaster” shall have the same meaning assigned to it underclause (d) of section 2 of the
Disaster Management Act, 2005 (53 of 2005);
(18) “Explicit consent”means consent under section 18;
(19) “Financial data”means any number or other personal data used to identify an account
opened by, or card or payment instrument issued by a financial institution to a data
principal or any personal data regarding the relationship between a financial institution
and a data principal including financial status and credit history;
(20) “Genetic data”means personal data relating to the inherited or acquired genetic
characteristics of a natural person which give unique information about the behavioural
characteristics, physiology or the health of that natural person and which result,in
particular, from an analysis of a biological sample from the natural person in question;
(21) “Harm”includes—
(i)
bodily or mental injury;
(ii)
loss, distortion or theft of identity;
(iii)
financial loss or loss of property,
(iv)
loss of reputation, or humiliation;
(v)
loss of employment;
(vi)
any discriminatory treatment;
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