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Grounds of Processing Personal Data
Paraphrased legal text
A Data Fiduciary may process personal data of a Data Principal only in accordance with the provisions of this Act, and for a lawful purpose for which the Principal has given consent, or for certain legitimate uses set out in §7. There is no other lawful ground.
What this means in plain English
- There are exactly two lawful bases: consent (§5-§6) or a §7 legitimate use.
- Legitimate-interest, contract-necessity, and balancing tests from GDPR do NOT carry over.
- Bundled or implicit consent fails §4 from the start.
- If you cannot point to a specific consent record or a specific §7 ground per purpose, the processing is unlawful.
Penalty if you get this wrong
Unlawful processing exposes every downstream activity built on it. Failure-to-safeguard penalties up to ₹250 crore can stack onto unlawful-ground findings.
How ProtectComply solves it
Consent Management + Readiness Assessment
- Per-purpose consent records pinned to the specific ground (§6 vs §7)
- Readiness Assessment flags every processing activity without a declared lawful basis
- RoPA entries require a lawful-basis field before they can be saved
- AI gap analysis surfaces purposes drifting from their declared ground
See the module →