transfersis necessary for any class of data fiduciaries or data principals anddoesnot
hamper the effective enforcement of this Act.
(4)
Any transfer under clause (a) ofsub-section (3) shall be notified to the Authority within
such time period as may be prescribed.
(5)
The Authority may only approve standard contractual clauses or intra-group schemes
under clause (a) of sub-section (1) where such clauses or schemes effectively protect the
rights of data principals under this Act, including in relation with further transfers from
the transferees of personal data under this sub-section to any other person or entity.
(6)
Where a data fiduciary seeks to transfer personal data subject to standard contractual
clauses or intra-group schemes under clause (a) of sub-section (1), it shall certify and
periodically report to the Authority as may be specified, that the transfer is made under a
contract that adheres to such standard contractual clauses or intra-group schemes and that
it shall bear any liability for the harm caused due to any non-compliance with the
standard contractual clauses or intra-group schemes by the transferee.
CHAPTER IX
EXEMPTIONS
42.
Security of the State.—
(1)
Processing of personal data in the interests of the security of the State shall not be
permitted unless it is authorised pursuant to a law,andis in accordance with the procedure
established by such law, made by Parliament and is necessary for, and proportionate to,
such interests being achieved.
(2)
Any processing authorised by a lawreferred to in sub-section (1) shall be exempted from
the following provisions of the Act—
(a)
(b)
(c)
(d)
(e)
(f)
(g)
43.
Chapter II, except section 4;
Chapter III;
Chapter IV;
Chapter V;
Chapter VI;
Chapter VII, except section 31; and
Chapter VIII.
Prevention, detection, investigation and prosecution of contraventions of law.—
(1)
Processing of personal data in the interests of prevention, detection,investigation and
prosecution of any offence or any other contravention of law shall not be permitted unless
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