7Certain legitimate uses.
A Data Fiduciary may process personal data of a Data Principal for
any of following uses, namely:---
(a) for the specified purpose for which the Data Principal has voluntarily provided her personal
data to the Data Fiduciary, and in respect of which she has not indicated to the Data Fiduciary that
she does not consent to the use of her personal data.
Illustrations.
(I) X, an individual, makes a purchase at Y, a pharmacy. She voluntarily provides Y her personal
data and requests Y to acknowledge receipt of the payment made for the purchase by sending a message
to her mobile phone. Y may process the personal data of X for the purpose of sending the receipt.
(II) X, an individual, electronically messages Y, a real estate broker, requesting Y to help identify
a suitable rented accommodation for her and shares her personal data for this purpose. Y may process
her personal data to identify and intimate to her the details of accommodation available on rent.
Subsequently, X informs Y that X no longer needs help from Y. Y shall cease to process the personal
data of X;
(b) for the State and any of its instrumentalities to provide or issue to the Data Principal such
subsidy, benefit, service, certificate, licence or permit as may be prescribed, where---
(i) she has previously consented to the processing of her personal data by the State or any of
its instrumentalities for any subsidy, benefit, service, certificate, licence or permit; or
(ii) such personal data is available in digital form in, or in non-digital form and digitised
subsequently from, any database, register, book or other document which is maintained by the
State or any of its instrumentalities and is notified by the Central Government,
subject to standards followed for processing being in accordance with the policy issued by the
Central Government or any law for the time being in force for governance of personal data.
Illustrations.
X. a pregnant woman, enrols herself on an app or website to avail of government's maternity
benefits programme, while consenting to provide her personal data for the purpose of availing of
such benefits. Government may process the personal data of X processing to determine her eligibility
to receive any other prescribed benefit from the government;
(c) for the performance by the State or any of its instrumentalities of any function under any
law for the time being in force in India or in the interest of sovereignty and integrity of India or
security of the State;
(d) for fulfilling any obligation under any law for the time being in force in India on any person
to disclose any information to the State or any of its instrumentalities, subject to such processing
being in accordance with the provisions regarding disclosure of such information in any other law
for the time being in force;
(e) for compliance with any judgment or decree or order issued under any law for the time
being in force in India, or any judgment or order relating to claims of a contractual or civil nature
under any law for the time being in force outside India;
(f) for responding to a medical emergency involving a threat to the life or immediate threat to
the health of the Data Principal or any other individual;
(g) for taking measures to provide medical treatment or health services to any individual during
an epidemic, outbreak of disease, or any other threat to public health;
(h) for taking measures to ensure safety of, or provide assistance or services to, any individual
during any disaster, or any breakdown of public order.
Explanation.---For the purposes of this clause, the expression "disaster" shall have the same
meaning as assigned to it in clause (d) of section 2 of the Disaster Management Act, 2005
(53 of 2005); or
(i) for the purposes of employment or those related to safeguarding the employer from loss or
liability, such as prevention of corporate espionage, maintenance of confidentiality of trade secrets,
intellectual property, classified information or provision of any service or benefit sought by a Data
Principal who is an employee.
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