DPDPA Section 7: Certain legitimate uses
DPDPA Section 7 explained: the limited legitimate uses where personal data can be processed without separate consent, and why most commercial processing still needs consent.
What counts as a legitimate use
The legitimate uses include personal data a person has voluntarily provided for a specified purpose and not objected to, processing by the State or its instrumentalities to provide benefits, subsidies, services, certificates, licences or permits, compliance with a law or judgment, medical emergencies and threats to public health, disaster and public-order situations, and certain employment-related purposes.
Each use is purpose-bound. It permits the processing that fits the listed situation, not a general licence to use the data for anything.
How this differs from GDPR legitimate interests
Unlike the GDPR, which offers a broad legitimate-interests basis subject to a balancing test, the DPDP Act enumerates a closed list of legitimate uses. There is no open-ended legitimate-interests basis for marketing, analytics or profiling.
That is why, for most websites and apps, consent under Section 6 remains the route for cookies, analytics, advertising and personalization, and getting the consent flow right is central to compliance.
This page is a plain-English summary of the Digital Personal Data Protection Act, 2023 for general information and is not legal advice. Confirm your obligations with qualified counsel.
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DPDPA Section 7 questions
Can I rely on legitimate interest for marketing under the DPDPA?+
No. The DPDP Act has a closed list of legitimate uses with no general legitimate-interests basis, so marketing, analytics and advertising generally require consent under Section 6.
Does Section 7 let employers process employee data?+
It permits certain employment-related purposes, such as safeguarding the employer from loss or providing a service or benefit to the employee, within the bounds of the listed use.