Legal Register
ACT-7(b) Tranche 3 (13 May 2027) — Core Operating Cliff
Status: scheduled, not yet operative
Section 7(b): Qualifying use under s7
Not commercial marketing or an unrestricted State-data reuse ground; r5 and Second Schedule apply.
Statutory Trigger
Qualifying use under s7
Applies to: State or instrumentality
Substantive Conditions
Prescribed subsidy/benefit/service/certificate/licence/permit; prior consent for one such benefit OR data in notified State-maintained document; policy/law standards.
Statutory Exceptions
Must satisfy s4 and other applicable obligations; this clause is not blanket immunity.
Official Gazette Text (Verbatim Publication)
Ministry of Law and Justice publication, Digital Personal Data Protection Act, 2023.
(b) for the State and any of its instrumentalities to provide or issue to the Data
Principal such subsidy, benefit, service, certificate, licence or permit as may be
prescribed, where––
(i) she has previously consented to the processing of her personal data
by the State or any of its instrumentalities for any subsidy, benefit, service,
certificate, licence or permit; or
(ii) such personal data is available in digital form in, or in non-digital form
and digitised subsequently from, any database, register, book or other document
which is maintained by the State or any of its instrumentalities and is notified
by the Central Government,
subject to standards followed for processing being in accordance with the policy
issued by the Central Government or any law for the time being in force for governance
of personal data.
Illustration.
X. a pregnant woman, enrols herself on an app or website to avail of government’s
maternity benefits programme, while consenting to provide her personal data for the purpose
of availing of such benefits. Government may process the personal data of X processing to
determine her eligibility to receive any other prescribed benefit from the government;