The Definition Of Data Principal……!

 

This is in continuation of my previous blog the link of which as follows, but, kindly read my herein below blog first -> Link: https://www.jpranavc.in/2025/01/why-data-principal-was-even-defined-in.html

Just read the definition of Data Principal in the DPDP Act, 2023, against which the Rules have been issued in 2024. My only problem is with the definition of Data Principal, which states:

                 (j) “Data Principal” means the individual to whom the personal data relates and

                        where such individual is—

                        (i) a child, includes the parents or lawful guardian of such a child;

                       (ii) a person with disability, includes her lawful guardian, acting on her

                            behalf;

Herein it says: that Data Principal means the individual to whom the personal data relates and where such individual is, further defining and including the already defined -> child, or person with disability!

As I raised in my previous blog, no matter how much unwarranted or unwanted one would assume my blog was written w.r.t. the said definition, should the definition of Data Principal been defined, as it says, again I’m repeating that: means the individual to whom the personal data relates AND where such individual is……, and as herein, instead of OR; AND has been used. Does this want to send the message that this is only restricted to Child & Disabled person, and not for everyone as general? There are many articles been written, stating that, the Data Principal explicitly includes person or individual; YET, even in the definition of person, it includes individual & other bodies, whereas, Data Principal includes AND instead of defining OR for child/disabled, segregating them from the rest.

Am I missing something? Please do let me know so that I can rectify the above blog, if required. 😊

© Pranav Chaturvedi