Code: Section 16 DPDP
(1) The Central Government may, by notification, restrict the transfer of personal
data by a Data Fiduciary for processing to such country or territory outside India as may be
so notified.
(2) Nothing contained in this section shall restrict the applicability of any law for the
time being in force in India that provides for a higher degree of protection for or restriction
on transfer of personal data by a Data Fiduciary outside India in relation to any personal
data or Data Fiduciary or class thereof.
Explanation of Section 16 DPDP
Section 16 discusses how the Central Government can regulate the transfer of personal data outside of India. It allows the government to prevent data from being sent to countries that may not have adequate privacy protections. However, the section clarifies that any Indian law offering stronger protections for personal data remains unaffected by these provisions.
Key Points:
- Central Government’s Authority (Sub-section 1):
The Central Government can stop personal data from being transferred to certain countries or regions. This decision can be based on factors like privacy standards or national security concerns. - Other Laws Take Precedence (Sub-section 2):
This section doesn’t override Indian laws that already restrict the transfer of personal data. If another law offers more protection, that law applies instead.
Examples
Example 1: Government Restrictions on Data Transfer
If a country has weak data protection laws, the Central Government might prevent personal data from being sent there to protect citizens’ privacy.
Example 2: Existing Laws Prevail
If a law prohibits transferring data related to national security, that law will apply, even if the Central Government has not restricted data transfers to a particular country.
Frequently Asked Questions (FAQs)
1. Can the government restrict data transfers to any country?
- Yes, the Central Government has the power to stop data transfers to specific countries or territories.
2. Does Section 16 override existing data protection laws?
- No, Section 16 doesn’t override any Indian law that offers stronger data protection measures.
3. Why would the government restrict data transfers?
- The Central Government may restrict data transfers to protect privacy, national security, or to comply with other legal requirements.
Conclusion
Section 16 allows the Central Government to control the transfer of personal data outside India to ensure it is protected. It also ensures that any Indian laws with stronger data protection measures remain in effect.
