Question

Under section 2(s) of THE DIGITAL PERSONAL DATA PROTECTION ACT, 2023; the term 'person' includes

• A. an individual but not a firm or a company
• B. a Hindu undivided family, a firm but not a company
• C. a company but not a firm
• D. an individual, a Hindu undivided family, a company, a firm, an association of persons or a body of individuals, whether incorporated or not, the State

Answer 1

Answer:

D. an individual, a Hindu undivided family, a company, a firm, an association of persons or a body of individuals, whether incorporated or not, the State

Definition of 'Person' under the DPDP Act, 2023

Section 2(s) of the Digital Personal Data Protection (DPDP) Act, 2023 provides an exhaustive definition of the term 'person'. This definition is crucial for determining the applicability of the Act and assigning liabilities. The term 'person' includes the following entities:

• An individual: Any natural person.
• A Hindu Undivided Family (HUF): A specific legal entity under Indian law consisting of all persons lineally descended from a common ancestor.
• A company: Defined as a company under the Companies Act, 2013, or any other law for the time being in force.
• A firm: Any partnership firm, whether registered or unregistered, or a Limited Liability Partnership (LLP).
• An Association of Persons (AOP) or a Body of Individuals (BOI): Whether incorporated or not, in India or outside India.
• The State: This includes the Central Government, State Governments, and local authorities.
• Any Artificial Juridical Person: Any other entity not covered by the above categories but recognized as a legal person under any law (e.g., a statutory corporation or a trust).

Significance for Exam Preparation:

• Legal Scope: The Act applies broadly to both private entities and government bodies, ensuring that 'data fiduciaries' (those who determine the purpose and means of processing personal data) encompass the entire spectrum of legal entities operating in India.
• Liability: Under this Act, duties and penalties are imposed on 'Data Fiduciaries', which are legally 'persons' as defined in this section.
• Key Distinction: Unlike some earlier drafts that focused heavily on 'data controllers', this Act uses the term 'Data Fiduciary' to emphasize the relationship of trust between the entity and the individual whose data is being processed.