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9 of 13|Complete DPDPA Act
video 15 min•Key Definitions
Data Fiduciary
Who is responsible for the data?
🎯 Learning Objectives
- ▸ Define Data Fiduciary
- ▸ Understand the difference between a Fiduciary and a Processor
The Definition
Section 2(i) defines a Data Fiduciary as any person who alone or jointly with others determines the purpose and means of processing personal data.
💡 Example
If a hospital uses a third-party software to store patient records, the hospital is the Data Fiduciary (they decide who gets treated and what data is collected). The software company is a Data Processor.
📖 Glossary
- Data Fiduciary
- An entity that determines the purpose and means of processing personal data.
- Data Controller
- The GDPR term for a Data Fiduciary.
🔑 Key Takeaways
- The Data Fiduciary is the decision-maker.
- If you control the "why" and "how" of data, you are a Fiduciary.
- The Act does not use the term "Data Controller" like the GDPR.
📚 Further Reading
- DPDPA Section 2(i) — Government of India (2023)
Course Author
Shilpi Kulshrestha
Shilpi is a corporate lawyer with over a decade of experience in data protection, company law, and regulatory compliance. She has advised 50+ startups and enterprises on DPDPA readiness, privacy gover...