THE PERSONAL DATA PROTECTION BILL, 2018 WHEREAS the right to privacy is a fundamental right and it is necessary to protect personal data as an essential facet of informational privacy; WHEREAS the growth of the digital economy has meant the use of data as a critical means of communication between persons; WHEREAS it is necessary to create a collective culture that fosters a free and fair digital economy, respecting the informational privacy of individuals, and ensuring empowerment, progress and innovation; AND WHEREAS it is expedient to make provision: toprotect the autonomy of individuals in relation with their personal data, to specify where the flow and usage of personal data is appropriate, to create a relationship of trust between persons and entities processing their personal data, to specify the rights of individuals whose personal data are processed, to create a framework for implementing organisational and technical measures in processing personal data, to lay down norms for cross-border transfer of personal data, to ensure the accountability of entities processing personal data, to provide remedies for unauthorised and harmful processing, and to establish a Data Protection Authority for overseeing processing activities; BE IT ENACTED by Parliament in the Sixty-Ninth Year of the Republic of India as follows: — CHAPTER I PRELIMINARY 1. 2. Short title, extentand commencement.— (1) This Act may be called the Personal Data Protection Act, 2018. (2) It extends to the whole of India. (3) The provisions of Chapter XIV of this Act shall come into force on such date, as the Central Government may by notification appointand the remaining provisions of the Act shall come into force in accordance with the provisions in that Chapter. Application of the Act to processing of personal data.— (1) This Act applies to the following— (a) processing of personal data where such data has been collected, disclosed, shared or otherwise processed within the territory of India; and (b) processing of personal data by the State, any Indian company, any Indian citizen or any person or body of persons incorporated or created under Indian law. 1