Section 35 Indian Data Protection Act 2019

Power of Central Government to exempt any agency of Government from application of Act

35. Where the Central Government is satisfied that it is necessary or expedient,

(i) in the interest of sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order; or

(ii) for preventing incitement to the commission of any cognizable offence relating to sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, it may, by order, for reasons to be recorded in writing, direct that all or any of the provisions of this Act shall not apply to any agency of the Government in respect of processing of such personal data, as may be specified in the order subject to such procedure, safeguards and oversight mechanism to be followed by the agency, as may be prescribed. Explanation.

For the purposes of this section,

(i) the term “cognizable offence” means the offence as defined in clause (c) of section 2 of the Code of Criminal Procedure, 1973;

(ii) the expression “processing of such personal data” includes sharing by or sharing with such agency of the Government by any data fiduciary, data processor or data principal.