it is authorised by a law made by Parliament and State Legislatureand is necessary for,
and proportionate to, such interests being achieved.
(2)
Any processing authorised by law referred to in sub-section (1) shall be exempted from
the following provisions of the Act—
(a) Chapter II, except section 4;
(b) Chapter III;
(c) Chapter IV;
(d) Chapter V;
(e) Chapter VI;
(f)
Chapter VII except section 31; and
(g) Chapter VIII.
(3)
Sub-section (1) shall apply in relation to processing of personal data of a data principal
who is a victim, witness, or any person with information about the relevant offence or
contravention only if processing in compliance with the provisions of this law would be
prejudicial to the prevention, detection, investigation or prosecution of any offence or
other contravention of law.
Personal data processed under sub-section (1) shall not be retained once the purpose of
prevention, detection, investigation or prosecution of any offence or other contravention
of law is complete except where such personal data is necessary for the maintenance of
any record or database which constitutes a proportionate measure to prevent, detect or
investigate or prosecute any offence or class of offences in future.
(4)
44.
Processing for the purpose of legal proceedings.—
(1)
Where disclosure of personal data is necessary for enforcing any legal right or claim,
seeking any relief, defending any charge,opposing any claim, or obtaining any legal
advice from an advocate in any impending legal proceeding such processing shall be
exempted from the following provisions of this Act—
(a)
(b)
(c)
(d)
(e)
(f)
(2)
Chapter II, except section 4;
Chapter III;
Chapter IV;
Chapter V;
Chapter VI; and
Chapter VII, except section 31.
Where processing of personal data by any Court or Tribunal in India is necessary for the
exercise of any judicial function, such processing shall be exempted from the following
provisions of this Act—
26
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents