Section 38 Indian Data Protection Act 2019

Exemption for research, archiving or statistical purposes

38. Where the processing of personal data is necessary for research, archiving, or statistical purposes, and the Authority is satisfied that

(a) the compliance with the provisions of this Act shall disproportionately divert resources from such purpose;

(b) the purposes of processing cannot be achieved if the personal data is anonymised;

(c) the data fiduciary has carried out de-identification in accordance with the code of practice specified under section 50 and the purpose of processing can be achieved if the personal data is in de-identified form;

(d) the personal data shall not be used to take any decision specific to or action directed to the data principal; and

(e) the personal data shall not be processed in the manner that gives rise to a risk of significant harm to the data principal, it may, by notification, exempt such class of research, archiving, or statistical purposes from the application of any of the provisions of this Act as may be specified by regulations.