(2)
Notwithstanding anything contained insub-section (1), the Act shall apply to the
processing of personal data by data fiduciaries or data processors not present within the
territory of India, only if such processing is —
(3)
3.
(a)
in connection with any business carried on in India, or any systematic activity of
offering goods or services to data principals within the territory of India; or
(b)
in connection with any activity which involves profiling of data principals within
the territory of India.
Notwithstanding anything contained in sub-sections (1) and (2), the Act shall not apply to
processing ofanonymised data.
Definitions.—In this Act, unless the context otherwise requires, —
(1)
“Aadhaar number”shall have the meaning assigned to it under clause (a) of section 2 of
the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services)
Act, 2016 (18 of 2016);
(2)
“Adjudicating Officer” means an officer of the adjudication wing under section 68;
(3)
“Anonymisation”in relation to personal data, means the irreversible process of
transforming or converting personal data to a form in which a data principal cannot be
identified, meeting the standards specified by the Authority.
(4)
“Anonymised data” means data which has undergone the process of anonymisation
under sub-clause (3) of this section;
(5)
“Appellate Tribunal”means the tribunal notified under Chapter XIIof this Act;
(6)
“Authority” means the Data Protection Authority of India established under Chapter X
of this Act;
(7)
“Automated means”means any equipment capable of operating automatically in
response to instructions given for the purpose of processing data;
(8)
“Biometric data”means facial images, fingerprints, iris scans, or any other similar
personal data resulting from measurements or technical processing operations carried out
on physical, physiological, or behavioural characteristics of a data principal, which allow
or confirm the unique identification of that natural person;
(9)
“Child” means a data principal below the age of eighteen years;
(10) “Code of Practice”means a code of practice issued by the Authority under section 61;
(11) “Consent”means consent under section 12;
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