Section 22 Indian Data Protection Act 2019

Privacy by design policy

22. (1) Every data fiduciary shall prepare a privacy by design policy, containing

(a) the managerial, organisational, business practices and technical systems designed to anticipate, identify and avoid harm to the data principal;

(b) the obligations of data fiduciaries;

(c) the technology used in the processing of personal data is in accordance with commercially accepted or certified standards; (d) the legitimate interests of businesses including any innovation is achieved without compromising privacy interests;

(e) the protection of privacy throughout processing from the point of collection to deletion of personal data;

(f) the processing of personal data in a transparent manner; and

(g) the interest of the data principal is accounted for at every stage of processing of personal data.

(2) Subject to the regulations made by the Authority, the data fiduciary may submit its privacy by design policy prepared under sub-section (1) to the Authority for certification within such period and in such manner as may be specified by regulations.

(3) The Authority, or an officer authorised by it, shall certify the privacy by design policy on being satisfied that it complies with the requirements of sub-section (1).

(4) The privacy by design policy certified under sub-section (3) shall be published on the website of the data fiduciary and the Authority.