Special Provisions


17. Transfer of personal data outside India

The Central Government may, after an assessment of such factors as it may consider necessary, notify such countries or territories outside India to which a Data Fiduciary may transfer personal data, in accordance with such terms and conditions as may be specified.

18. Exemptions.

(1) The provisions of Chapter 2 except sub-section (4) of section 9, Chapter 3 and Section 17 of this Act shall not apply where:

(a) the processing of personal data is necessary for enforcing any legal right or claim;

(b) the processing of personal data by any court or tribunal or any other body in India is necessary for the performance of any judicial or quasi-judicial function;

(c) personal data is processed in the interest of prevention, detection, investigation or prosecution of any offence or contravention of any law;

(d) personal data of Data Principals not within the territory of India is processed pursuant to any contract entered into with any person outside the territory of India by any person based in India.

(2) The Central Government may, by notification, exempt from the application of provisions of this Act, the processing of personal data:

(a) by any instrumentality of the State in the interests of sovereignty and integrity of India, security of the State, friendly relations with foreign States, maintenance of public order or preventing incitement to any cognizable offence relating to any of these; and

(b) necessary for research, archiving or statistical purposes if the personal data is not to be used to take any decision specific to a Data Principal and such processing is carried on in accordance with standards specified by the Board.

(3) The Central Government may by notification, having regard to the volume and nature of personal data processed, notify certain Data Fiduciaries or class of Data Fiduciaries as Data Fiduciary to whom the provisions of Section 6, sub-sections (2) and (6) of section 9, sections 10, 11 and 12 of this Act shall not apply.

(4) The provisions of sub-section (6) of section 9 of this Act shall not apply in respect of processing by the State or any instrumentality of the State.