What Are Significant Data Fiduciaries?

In data protection frameworks like India’s Digital Personal Data Protection Act, certain entities are designated as Significant Data Fiduciaries due to the nature, scale, or sensitivity of the data they handle. This classification imposes additional responsibilities on these entities to ensure the privacy and protection of personal data.

Who Are Significant Data Fiduciaries?

Definition: A Significant Data Fiduciary (SDF) is a data fiduciary (an entity that determines the purpose and means of processing personal data) that has been classified as significant by the Data Protection Board based on specific factors.

Criteria for Classification:

• Volume and sensitivity of personal data processed.
• Risk of harm to individuals from processing.
• Use of technologies such as AI or algorithms for profiling.
• Impact on national interest, democracy, or public order.
• Data handling of vulnerable groups like children or the elderly.

Obligations of SDFs:

• Appoint a Data Protection Officer (DPO).
• Conduct Data Protection Impact Assessments (DPIAs).
• Perform periodic audits and risk assessments.
• Ensure greater transparency and accountability in data handling.
• Comply with all notices and directions from the Data Protection Board.

Examples of Potential SDFs:

• Large social media platforms.
• E-commerce giants handling financial data.
• Fintech companies dealing with sensitive health or biometric data.

Example

A major online retailer in India processes millions of transactions daily, collects sensitive financial and behavioral data, and uses algorithms to profile users. Due to the volume of data, use of automated decision-making, and potential risk to user privacy, the Data Protection Board may classify this company as a Significant Data Fiduciary. As a result, the company must appoint a Data Protection Officer, conduct data protection impact assessments, and adhere to stricter compliance measures to protect user data.