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Chapter-6 Privacy Relating to Data

  1. To have privacy of data: (1) Every person shall have the right to keep the personal data or details related to him or her confidential.

(2)        While collecting personal or family data of any person, his or her consent shall be obtained.

(3)        The data collected by a public body or body corporate upon obtaining the consent of the concerned person shall be used only for the purpose for which such data have been collected.

Provided that if any data are demanded for the national security or peace and order, it shall not be deemed to bar to provide such data in accordance with the prevailing law.

(4)        No person shall, without obtaining the consent of another person, provide the following data related to that person to anyone else or publish, or cause to be published, such data:

(a)        Details relating to health examination,

(b)        Details relating to property and income generation,

(c)        Details relating to employment,

(d)       Details relating to family matters,

(e)        Biometric details and thumb impression,

(f)        Signature or electronic signature,

(g)        Details relating to political affiliation and election,

(h)        Details relating to business or transaction.

(5)        Notwithstanding anything contained in sub-section (4), in cases where it is necessary to provide any personal data or details to the court or the agency or official authorized under law in the course of investigation of any criminal offence, such data or details shall be provided.

(6)        Notwithstanding anything contained in sub-section (4), if there arises a question as to the issues such as age, qualification, character, sexuality, disability of any person, and the authorized official so demands, the concerned person shall provide such details or documents.