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SCHEDULE-II – Standards for Processing by State and its Instrumentatlities

Published by the Secure Privacy Compliance Team · Last reviewed: Feb 2026

See rules 3(2) and 6(1)

Standards for Processing by State and its Instrumentatlities
Where the Data Principal has previously consented to the processing of her personal data by the state or any of its instrumentalities to provide or issue to her any subsidy, benefit, servie, certificate, license or permit, such personal data may also be processed by the State or any of its instrumentalities as the Data Fiduciary for the purpose of providing or issuing to her any other such subsidy, benefot, service, certificate,license or permit, subject to adherence to the following standards, namely:-

(a) Notice is given by the Data Fiduciary to the Data Principal in the following manner namely:-
(i) The notice shall be made in like manner as is provided for a notice to seek consent and
(ii) The notice shall include, in clear and plain language, reference to such previous consent and details necessary to enable her to exercise the Rights of the Data Principal, including such minimum details as are required in respect of a notice to seek consent; and

(b) Processing is carried on in accordance with-
(i) any other policy issued by the Central Government or any State Government and
(ii) the provisions of any other law for the time being in force in India, applicable to such processing,

which provides for the observance of higher standards applicable to such processing

Compliance Checklist — Schedule II (Processing by State)

  • Notice is provided to the Data Principal before processing
  • Notice format is consistent with consent requirements
  • Notice clearly refers to previously obtained consent
  • Notice includes details required for exercising data principal rights
  • Processing is aligned with applicable government policies
  • Processing complies with all relevant laws in force in India
  • Higher standards of data protection are followed where applicable
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