Schedule 4: Classes of Data Fiduciaries exempted from certain obligations

Schedule 4: Classes of Data Fiduciaries exempted from certain obligations · Complied AI

(3)

1. For the exercise of any power, performance of any function or discharge of any duties in the interests of a child, under any law for the time being in force in India. Processing is restricted to the extent necessary for such exercise, performance or discharge. 2. For providing or issuing of any subsidy, benefit, service, certificate, licence or permit, by whatever name called, under law or policy or using public funds, in the interests of a child, under clause (b) of section 7 of the Act. Processing is restricted to the extent necessary for such provision or issuance. 3. For the creation of a user account for communicating by email. Processing is restricted to the extent necessary for creating such user account, the use of which is limited to communication by email. 4. For the determination of real-time location of a child. Processing is restricted to the tracking of real-time location of such child, in the interest of her safety and protection or security. 5. For ensuring that any information, service or advertisement likely to cause any detrimental effect on the well-being of a child is not accessible to her. Processing is restricted to the extent necessary to ensure that such information, service or advertisement is not accessible to the child. 6. For confirmation by the Data Fiduciary that the Data Principal is not a child and observance of due diligence under rule 10. Processing is restricted to the extent necessary for such confirmation or observance. Note: In this Schedule, —

(a)

“advertisement” shall have the same meaning as is assigned to it in the Consumer Protection Act, 2019 (35 of 2019).

(a)

“allied healthcare professional” shall have the same meaning as is assigned to it in the clause (d) of section 2 of the National Commission for Allied and Healthcare Professions Act, 2021 (14 of 2021);

(b)

“clinical establishment” shall have the same meaning as assigned to it in the clause (c) of section 2 of the Clinical Establishments (Registration and Regulation) Act, 2010 (23 of 2010);

(c)

“educational institution” shall mean and include an institution of learning that imparts education, including vocational education;

(d)

“healthcare professional” shall have the same meaning as is assigned to it in clause (j) of section 2 of the National Commission for Allied and Healthcare Professions Act, 2021 (14 of 2021);

(e)

“health services” shall mean the services required to be provided by a healthcare professional as referred to in clause (j) of section 2 of the National Commission for Allied and Healthcare Professions Act, 2021 (14 of 2021); and

(f)

“mental health establishment” shall have the same meaning as is assigned to it in clause (p) of sub- section (1) of section 2 of the Mental Healthcare Act, 2017 (10 of 2017).