Transfer of Personal Data outside the territory of India

Rule 15: Transfer of personal data outside the territory of India

• A Data Fiduciary may process personal data under the Act.

  1. Such personal data may be transferred outside the territory of India.

  2. The transfer is subject to certain restrictions.

  3. The Data Fiduciary must comply with requirements specified by the Central Government.

• These requirements may be prescribed through a general or special order.

• The requirements relate to making personal data available to:

  1. Any foreign State.

  2. Any person or entity under the control of such a State.

  3. Any agency of such a State.

Rule 16: Exemption from Act for research, archiving or statistical purposes

• The Act generally governs the processing of personal data.

  1. However, its provisions will not apply in certain cases.

  2. The exemption applies where personal data is processed for research purposes.

  3. It also applies where the processing is for archiving purposes.

  4. It further applies where the processing is for statistical purposes.

  5. The processing must be necessary for such purposes.

• The exemption is available only if the processing is carried out in accordance with the standards specified in the Second Schedule.