Rights And Duties Of Data Principal under The Digital Personal Data Protection Act, 2023 Vs Rights of the data subject under General Data Protection Regulation.
| Sr. No. | RIGHTS | RIGHTS AND DUTIES OF DATA PRINCIPAL under The Digital Personal Data Protection Act, 2023 | Rights of the data subject under the General Data Protection Regulation |
| 1. | Right to access information about personal data | Section 11 The Data Principal shall have the right to obtain from the Data Fiduciary to whom she has previously given consent summary of personal data and the processing activities undertakenIdentities of all other Data Fiduciaries and Data Processors with whom the personal data has been shared | Article 12- Transparent information, communication and modalities for the exercise of the rights of the data subject. Article 13- Information to be provided where personal data are collected from the data subject. Article 14- Information to be provided where personal data have not been obtained from the data subject. Article 15- Right of access by the data subject. |
| 2. | Right to correction and erasure of personal data | Section 12 Right to correction, completion, updating and erasure of her personal data for the processing of which she has previously given consent | Article 17 GDPR Right to erasure (‘right to be forgotten’) The data subject shall have the right to obtain from the controller the erasure of personal data concerning him or her without undue delay and the controller shall have the obligation to erase personal data without undue delay |
| 3. | Right of grievance redressal | Section 13 right to have readily available means of grievance redressalData Principal shall exhaust the opportunity of redressing her grievance under this section before approaching the Board. | |
| 4. | Right to Nominate | Right to nominate, in the event of death or incapacity of the Data Principal, exercise the rights of the Data Principal | |
| 5. | Right to rectification | Article 20 The data subject shall have the right to receive the personal data concerning him or her, which he or she has provided to a controller, in a structured, commonly used, and machine-readable format and have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided | Article 16 Right to rectification The data subject shall have the right to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her |
| 6. | Automated individual decision-making, including profiling | No Such provision | Article 22 The data subject shall have the right not to be subject to a decision based solely on automated processing |
| 7. | Right to data portability | No such provision | Article 21 The data subject shall have the right to object, on grounds relating to his or her particular situation, at any time to the processing of personal data concerning him or her which is based on point (e) or (f) of Article 6(1), including profiling based on those provisions. |
| 8. | Right to object | Article 21 The data subject shall have the right to object, on grounds relating to his or her particular situation, at any time to processing of personal data concerning him or her which is based on point (e) or (f) of Article 6(1), including profiling based on those provisions. |
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