5Notice.
(1) Every request made to a Data Principal under section 6 for consent shall be
accompanied or preceded by a notice given by the Data Fiduciary to the Data Principal, informing
her,---
(i) the personal data and the purpose for which the same is proposed to be processed;
(ii) the manner in which she may exercise her rights under sub-section (4) of section 6 and section
13; and
(iii) the manner in which the Data Principal may make a complaint to the Board,
in such manner and as may be prescribed.
Illustration.
X, an individual, opens a bank account using the mobile app or website of Y, a bank. To complete
the Know-Your-Customer requirements under law for opening of bank account, X opts for processing
of her personal data by Y in a live, video-based customer identification process. Y shall accompany or
precede the request for the personal data with notice to X, describing the personal data and the purpose
of its processing.
(2) Where a Data Principal has given her consent for the processing of her personal data before the
date of commencement of this Act,---
(a) the Data Fiduciary shall, as soon as it is reasonably practicable, give to the Data Principal a
notice informing her,---
(i) the personal data and the purpose for which the same has been processed;
(ii) the manner in which she may exercise her rights under sub-section (4) of section 6 and
section 13; and
(iii) the manner in which the Data Principal may make a complaint to the Board,
in such manner and as may be prescribed.
(b) the Data Fiduciary may continue to process the personal data until and unless the Data
Principal withdraws her consent.
Illustration.
X, an individual, gave her consent to the processing of her personal data for an online shopping app
or website operated by Y, an e-commerce service provider, before the commencement of this Act. Upon
commencement of the Act, Y shall, as soon as practicable, give through email, in-app notification or
other effective method information to X, describing the personal data and the purpose of its processing.
(3) The Data Fiduciary shall give the Data Principal the option to access the contents of the notice
referred to in sub-sections (1) and (2) in English or any language specified in the Eighth Schedule to
the Constitution.
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