Rule 15
15. Exemption from Act for research, archiving or statistical purposes.—
The provisions of the Act shall not apply to the processing of personal data necessary for research, archiving or statistical purposes if it is carried on in accordance with the standards specified in Second Schedule.
SECOND SCHEDULE
[See rules 5(2) and 15]
Standards for
processing of personal data by State and its instrumentalities under clause (b)
of section 7 and for processing of personal data necessary for the purposes
specified in clause (b) of sub-section (2) of section 17
Implementation of appropriate technical and organisational measures to ensure effective observance of the following, in accordance with applicable law, for the processing of personal data, namely:—
(a) Processing is carried out in a lawful manner;
(b)
Processing is done for the uses specified in clause (b) of
section 7 of the Act or for the purposes specified in clause (b) of sub-section
(2) of section 17 of the Act, as the case may be;
(c) Processing is limited
to such personal data as is necessary for such uses or
achieving such purposes, as the case may be;
(d) Processing is done while
making reasonable efforts to ensure the accuracy of personal
data;
(e) Personal data is retained till required for such
uses or achieving such purposes, as the case may be, or for compliance with any
law for the time being in force;
(f) Reasonable security safeguards
to prevent personal data breach to protect personal data in the possession or
under control of the Data Fiduciary, including in respect of any processing
undertaken by it or on its behalf by a Data Processor;
(g) Where processing
is to be done under clause (b) of section 7 of the Act, the same is undertaken
while giving the Data Principal an intimation in respect of the
same and—
(i) giving the business contact information of a person who is
able to answer on behalf of the Data Fiduciary the questions of the Data
Principal about the processing of her personal data;
(ii) specifying the
particular communication link for accessing the website or app,
or both, of such Data Fiduciary, and a description of other means, if any, using
which such Data Principal may exercise her rights under theAct;
and
(iii) is carried on in a manner consistent with such other standards as
may be applicable to the processing of such personal data under policy issued by
the Central Government or any law for the time being in force; and
(h)
Accountability of the person who alone or in conjunction with
other persons determines the purpose and means of processing of personal data,
for effective observance of these standards.