CHAPTER XIII

OFFENCES

 82.Re- identification and processing of de- identified personal data
 

(1) Any person who, knowingly or intentionally—

(a) re-identifies personal data which has been de-identified by a data fiduciary or a data processor, as the case may be; or
(b) re-identifies and processes such personal data as mentioned in clause (a), without the consent of such data fiduciary or data processor, then, such person shall be punishable with imprisonment for a term not exceeding three years or with a fine which may extend to two lakh rupees or both.

(2) Nothing contained in sub-section (1) shall render any such person liable to any punishment under this section, if he proves that—

(a) the personal data belongs to the person charged with the offence under sub-section (1); or

(b) the data principal whose personal data is in question has explicitly consented to such re-identification or processing as per the provisions of this Act.


83. Offences to be cognizable and non- bailable.

(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, an offence punishable under this Act shall be cognizable and non-bailable.

(2) No court shall take cognizance of any offence under this Act, save on a complaint made by the Authority.


84. Offences by companies.

(1) Where an offence under this Act has been committed by a company, every person who, at the time the offence was committed was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly.

(2) Nothing contained in sub-section (1) shall render any such person liable to any punishment provided in this Act, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence.
 

(3) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
 

    Explanation.—For the purpose of this section—

    (a) "company" means any body corporate, and includes—
        (i) a firm; and

        (ii) an association of persons or a body of individuals whether incorporated or not.

    (b) "director" in relation to—

        (i) a firm, means a partner in the firm;

        (ii) an association of persons or a body of individuals, means any member controlling affairs thereof.


85. Offences by State.


(1) Where it has been proved that an offence under this Act has been committed by any department or authority or body of the State, by whatever name called, the head of such department or authority or body shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly.

(2) Nothing contained in sub-section (1) shall render any such person liable to any punishment provided in this Act, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence.

(3) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a department of the Central or State Government, or any authority of the State and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any officer, other than the head of the department or authority, such officer shall also be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly.

(4) Notwithstanding anything in this section, the provisions of the Code of Criminal Procedure, 1973 relating to public servants shall continue to apply.