Question
Who is the “Data Fiduciary” under the Digital
Personal Data Protection Act, 2023?Solution
A Data Fiduciary is the entity (person, company, government, or body) that determines why and how personal data is processed. It is responsible for compliance under the Act. The individual whose data is processed is the Data Principal, not the fiduciary. The fiduciary has obligations like obtaining consent, ensuring security, and upholding individual rights. This distinction makes fiduciaries accountable for lawful and fair processing of data within India’s data protection framework.
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