CS Professional · Artificial Intelligence, Data Analytics and Cyber Security - Laws and Practice · Data Analytics and Law
Under Section 16 of the Digital Personal Data Protection Act, 2023, which statement about transferring personal data outside India for processing is correct?
The Central Government may, by notification, restrict a Data Fiduciary from transferring personal data for processing to a notified country or territory outside India. Section 16 does not impose a blanket ban, and it preserves other Indian laws giving higher protection.
- ATransfer is prohibited to every country unless each transfer is approved by the Data Protection Board
- BThe Central Government may, by notification, restrict transfer by a Data Fiduciary to a notified country or territory outside IndiaCorrect
- COnly the Data Principal may decide which countries may receive data
- DAny other Indian law giving stricter transfer protection is overridden by the Act
Explanation
Section 16(1) allows the Central Government to restrict transfers to such countries or territories as it notifies. Section 16(2) preserves any other Indian law providing a higher degree of protection or restriction, so that law is not overridden. A blanket prohibition is not provided.
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