(a)
(b)
(c)
(d)
(4)
39.
data protection impact assessments under section 33;
record-keeping under section 34;
data audits under section 35; and
data protection officer under section 36.
Notwithstanding sub-section (3), the Authority may notify the application of all or any of
the obligations in sub-section (3) to such data fiduciary or class of data fiduciaries, not
being a significant data fiduciary, if it is of the view that any processing activity
undertaken by such data fiduciary or class of data fiduciaries carries a risk of significant
harm to data principals.
Grievance Redressal. —
(1)
Every data fiduciary shall have in place proper procedures and effective mechanisms to
address grievances of data principals efficiently and in a speedy manner.
(2)
A data principal may raise a grievance in case of a violation of any of the provisions of
this Act, or rules prescribed, or regulations specified thereunder, which has caused or is
likely to cause harm to such data principal, to—
(a)
(b)
the data protection officer, in case of a significant data fiduciary; or
an officer designated for this purpose, in case of any other data fiduciary.
(3)
A grievance raised under sub-section (2) shall be resolved by the data fiduciary in an
expeditious manner and no later than thirty days from the date of receipt of grievance by
such data fiduciary.
(4)
Where, a grievance under sub-section (2) is not resolved within the time period
mentioned under sub-section (3), or where the data principal is not satisfied with the
manner in which the grievance is resolved, or the data fiduciary has rejected the grievance
raised, the data principal shall have the right to file a complaint with the adjudication
wing under section 68 of the Act in the manner prescribed.
(5)
Any person aggrieved by an order made under this section by an Adjudicating Officerin
accordance with the procedure prescribed in this regard, may prefer an appeal to the
Appellate Tribunal.
CHAPTER VIII
TRANSFER OF PERSONAL DATA OUTSIDE INDIA
40.
Restrictions on Cross-Border Transfer of Personal Data. —
(1)
Every data fiduciary shall ensure the storage, on a server or data centre located in India,
of at least one serving copy of personal data to which this Act applies.
23
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