Data protection · Provision
A Data Principal may require personal data to be corrected, completed, updated or erased, and erasure can only be refused where retention is required by law. (Section 12, Digital Personal Data Protection Act, 2023.)
Quick Statutory Answer
Under Section 12 of the DPDP Act 2023, Data Principals possess the statutory right to request correction of inaccurate data, completion of incomplete records, updating of stale data, and full erasure of personal data that is no longer required for the purpose for which consent was given. Data Fiduciaries must honour erasure requests across all production databases and third-party processors unless statutory record-retention laws (such as tax or company law) require continued preservation.
| Data Principal Right | Statutory Scope (s.12) | Fiduciary Action Required | Lawful Retention Exception |
|---|---|---|---|
| Right to Correction | Inaccurate or misleading data | Prompt correction across all records & processors | None (must correct inaccurate data) |
| Right to Completion | Incomplete personal records | Update record with verified supplemental details | None (must maintain accurate records) |
| Right to Updating | Outdated contact or personal info | Refresh active system records | None (must update records) |
| Right to Erasure | Data no longer required for purpose | Complete permanent deletion / anonymisation | Statutory retention (e.g. 8-yr tax audit rule) |
Breach of Section 12. Retention must be justified by an express legal requirement or active purpose; general internal preference is not an exemption.
Yes. Section 12 gives individuals the right to request erasure of their personal data, and the Data Fiduciary must delete it unless retention is mandated by another Indian law.
Section 12 erasure is triggered upon a specific request by the individual, whereas Section 8 mandates automatic erasure by the business once consent is withdrawn or purpose concludes, even without a formal request.
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A plain-English summary of what this provision requires, not a reproduction of it and not legal advice. Read alongside the bare Act, and take advice on anything turning on your own facts.