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ARTICLE · 04 SEPTEMBER 2026

Personal Data vs Sensitive Personal Data: Understanding The Legal Difference

Mansukhlal Hiralal & Company
Mansukhlal Hiralal & Company
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For businesses operating in India, understanding the difference between personal data and sensitive personal data is important for building an effective privacy compliance framework. However, the legal position in India requires some care because the terminology used under the older Information Technology Rules, 2011 is different from the terminology used under the Digital Personal Data Protection Act, 2023.

IndiaPrivacy
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For businesses operating in India, understanding the difference between personal data and sensitive personal data is important for building an effective privacy compliance framework. However, the legal position in India requires some care because the terminology used under the older Information Technology Rules, 2011 is different from the terminology used under the Digital Personal Data Protection Act, 2023. The DPDP Act does not create a separate statutory category called sensitive personal data. The distinction remains relevant during the transition because the Information Technology framework continues to govern specified processing activities until the relevant DPDP provisions take effect.

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