Data Protection and Privacy

Data Protection and Privacy.- 1. The State Government shall ensure that all personal data of Platform Based Gig Workers collected under this Act is processed lawfully, fairly, and securely, in accordance with the provisions of the Digital Personal Data Protection Act, 2023 and other applicable laws. 2. No personal data shall be collected or processed without the prior, informed, and explicit consent of the worker, unless otherwise required under law. 3. Data collection shall be limited to that which is necessary for registration, welfare delivery, and other functions under this Act. 4. The Welfare Board shall implement appropriate technical and organizational safeguards to protect personal data from unauthorized access, misuse, or breach. 5. Access to data shall be restricted to authorized personnel for lawful purposes only. 6. Every registered worker shall have the right to— a) access their personal data; b) request correction or updating of inaccurate data; and c) withdraw consent, subject to applicable law. 7. Personal data shall not be shared with third parties, including platform companies, without the worker’s explicit consent or legal authorization. 8. Notwithstanding, if the data is shared with data fiduciary, the Aggregators/Platforms shall have the mandate to sue the data fiduciary in case of breach of data privacy in accordance to the provision under digital personal data protection act 2023 and other applicable laws. 9. Oversight and Grievance Redressal — a) The State Government shall designate a Data Protection Officer within the Welfare Board to monitor compliance and address grievances. b) Procedures for filing and resolving data-related complaints shall be prescribed by rules.