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CS Professional · Artificial Intelligence, Data Analytics and Cyber Security - Laws and Practice · Data Analytics and Law

An Indian fintech company collects customers' personal data for a loan app and runs analytics on it. A customer asks for correction of inaccurate data and, separately, for erasure of the data she had consented to. Under the Digital Personal Data Protection Act, 2023, what is the correct position?

The fiduciary must correct the inaccurate data and, on request, erase the data, unless retention is necessary for the specified purpose or for compliance with a law. Using the data for analytics is not a ground to refuse, and erasure is not absolute.

  1. AThe fiduciary must correct inaccurate data and must erase on request unless retention is necessary for the specified purpose or for compliance with lawCorrect
  2. BThe fiduciary may refuse both because the data is used for analytics
  3. CThe fiduciary must erase on request in every case, even where a law requires retention
  4. DThe fiduciary need only correct data and has no duty regarding erasure

Explanation

Section 12 gives the Data Principal the right to correction, completion, updating and erasure. The fiduciary must correct inaccurate or misleading data, and on an erasure request must erase unless retention is necessary for the specified purpose or for compliance with any law. The absolute-erasure option ignores this exception.

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