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      Section 18 Indian Data Protection Act 2019

      • Categories Blog, Business, Free Data Protection Resources, Uncategorized
      • Date September 4, 2020

      Right to correction and erasure

      18. (1) The data principal shall where necessary, having regard to the purposes for which personal data is being processed, subject to such conditions and in such manner as may be specified by regulations, have the right to

      (a) the correction of inaccurate or misleading personal data;

      (b) the completion of incomplete personal data;

      (c) the updating of personal data that is out-of-date; and

      (d) the erasure of personal data which is no longer necessary for the purpose for which it was processed.

      (2) Where the data fiduciary receives a request under sub-section (1), and the data fiduciary does not agree with such correction, completion, updation or erasure having regard to the purposes of processing, such data fiduciary shall provide the data principal with adequate justification in writing for rejecting the application.

      (3) Where the data principal is not satisfied with the justification provided by the data fiduciary under sub-section (2), the data principal may require that the data fiduciary take reasonable steps to indicate, alongside the relevant personal data, that the same is disputed by the data principal.

      (4) Where the data fiduciary corrects, completes, updates or erases any personal data in accordance with sub-section (1), such data fiduciary shall also take necessary steps to notify all relevant entities or individuals to whom such personal data may have been disclosed regarding the relevant correction, completion, updation or erasure, particularly where such action may have an impact on the rights and interests of the data principal or on decisions made regarding them.

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