Section 23
Not To Collect Personal Information Except In Accordance With Law
(1) No one except the official authorized under law or the person permitted by such official shall collect, store, protect, analyze, process or publish the personal information of any person.
(2) Notwithstanding anything contained in sub-section (1), information provided by the concerned person may be collected after obtaining his or her consent for the purpose of conducting any study, research or collection of public opinion.
(3) While collecting information pursuant to sub-section (2), it shall not be collected without fully informing him or her regarding the purpose for which the information is collected.
Explanation: When the notice about collecting data is broadcast or published through the media of mass communication by addressing the general public, such notice shall be deemed to have provided information for the purposes of this Section.
(4) While collecting information pursuant to sub-section (2), the following matters shall be clearly set out:
(a) Time of collecting information,
(b) Content of information,
(c) Nature of information,
(d) Objective of collecting information,
(e) Method and process of testing information,
(f) Certainty of the matter of maintaining privacy of the collected information,
(g) Matters including the protection of the collected information.
(5) While collecting information of any person, the official authorized for collecting information pursuant to law shall have to collect it by obtaining information from the concerned person.
(6) Notwithstanding anything contained in sub-section (5), the following person may provide the information on behalf of the following person:
(a) In the case of the person who has not attained to the age of eighteen years or who is of unsound mind, his or her guardian or curator, provided there will be no harm to him or her when such information is so provided.
(b) In the case of the other person, the attorney or representative authorized by him or her.
(7) Except in the following circumstance, the official authorized pursuant to sub-section (1) shall not collect personal information:
(a) If the personal information has been collected by such official using authority under the same law under which it is collected,
(b) If there is provision for collecting such information by such official under the prevailing law,
(c) If it is collected in the course of investigation, prosecution of criminal offence or action under the court proceeding or enforcement of law,
(d) If the person regarding whom any body corporate or public body collects information, holds or is about to hold any post of such a body, or if such information remain under the approved programs of such a body corporate or body.
(8) Other provisions relating to the collection, processing, analysis and use of personal information shall be as prescribed.
(2) Notwithstanding anything contained in sub-section (1), information provided by the concerned person may be collected after obtaining his or her consent for the purpose of conducting any study, research or collection of public opinion.
(3) While collecting information pursuant to sub-section (2), it shall not be collected without fully informing him or her regarding the purpose for which the information is collected.
Explanation: When the notice about collecting data is broadcast or published through the media of mass communication by addressing the general public, such notice shall be deemed to have provided information for the purposes of this Section.
(4) While collecting information pursuant to sub-section (2), the following matters shall be clearly set out:
(a) Time of collecting information,
(b) Content of information,
(c) Nature of information,
(d) Objective of collecting information,
(e) Method and process of testing information,
(f) Certainty of the matter of maintaining privacy of the collected information,
(g) Matters including the protection of the collected information.
(5) While collecting information of any person, the official authorized for collecting information pursuant to law shall have to collect it by obtaining information from the concerned person.
(6) Notwithstanding anything contained in sub-section (5), the following person may provide the information on behalf of the following person:
(a) In the case of the person who has not attained to the age of eighteen years or who is of unsound mind, his or her guardian or curator, provided there will be no harm to him or her when such information is so provided.
(b) In the case of the other person, the attorney or representative authorized by him or her.
(7) Except in the following circumstance, the official authorized pursuant to sub-section (1) shall not collect personal information:
(a) If the personal information has been collected by such official using authority under the same law under which it is collected,
(b) If there is provision for collecting such information by such official under the prevailing law,
(c) If it is collected in the course of investigation, prosecution of criminal offence or action under the court proceeding or enforcement of law,
(d) If the person regarding whom any body corporate or public body collects information, holds or is about to hold any post of such a body, or if such information remain under the approved programs of such a body corporate or body.
(8) Other provisions relating to the collection, processing, analysis and use of personal information shall be as prescribed.