The Data Protection Bill 2021

(This Bill has since been withdrawn and a new Version is expected to be presented )

CHAPTER XIII
OFFENCES

Re-identification and processing of de-identified personal data.
 

(1) Any person who, knowingly or intentionally—
 

(a) re-identifies the personal data which has been de-identified by a data fiduciary or a data processor, as the case may be; or
(b) re-identifies and processes such personal data as mentioned in clause (a),
 

without the consent of such data fiduciary or data processor, then, such person shall be punishable with imprisonment for a term not exceeding three years or with a fine which may extend to two lakh rupees or with both.
 

(2) Nothing contained in sub-section (1) shall render any such person liable to any punishment under this section, if he proves that—
 

(a) the personal data belongs to the person charged with the offence under sub-section (1); or
(b) the data principal whose personal data is in question has explicitly consented to such re-identification or processing as per the provisions of this Act.

(1)Notwithstanding anything contained in the Code of Criminal Procedure, 1973, (2 of 1974.)an offence punishable under this Act shall be cognizable and non-bailable.

(2) No court shall take cognizance of any offence punishable under this Act, save on a complaint in writing made by the Authority or by any officer duly authorized by it for this purpose.

(1) Where an offence under this Act has been committed by a company, every person who, at the time the offence was committed was in charge of, and was responsible to, the company for the conduct of (***) that part of the business of the company to which the offence relates, as well as the company, (***)shall be liable to be proceeded against and punished accordingly.

(2) Nothing contained in sub-section (1) shall render any such person liable to (***) be proceeded against and punished accordingly under this Act, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence.
(3) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be (***)liable to be proceeded against and punished accordingly:
Provided that an independent director and a non-executive director of a company shall be held liable only if it is shown that the acts of omission or commission by the company had occurred with his knowledge or with his consent attributable to him or where he had not acted diligently.
Explanation.— For the purposes of this section, the expressions—
 

(a) “company” means any body corporate, and includes—
(i) a firm; and
(ii) an association of persons or a body of individuals whether incorporated or not.
(b) “director” in relation to—
(i) a firm, means a partner in the firm;
(ii) an association of persons or a body of individuals, means any member controlling affairs thereof.
 

(1) Where (***) an offence under this Act has been committed by any (***) Government data fiduciary, an in-house enquiry shall be conducted by the Head of Office of the concerned data fiduciary and the person or officer concerned responsible for such offence shall be liable to be proceeded against and punished accordingly.
(2) Nothing contained in sub-section (1) shall render any such person or officer liable to any punishment provided in this Act, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence.
(3) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a (***) Government data fiduciary and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any officer, other than the (***) person or officer concerned referred to in sub-section (1), such officer shall also be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
(4)Notwithstanding anything contained in this section, the provisions of the Code of Criminal Procedure, 1973(2 of 1974.) relating to public servants shall continue to apply.