Grievance Officers
Required by IT Act 43A and Rule 5(9)
Located at company dealing with SPI.
Handles any discrepancies and grievances of the provider of info with respect to processing of information in a time bound manner.
Must redress within one month.
Grievance Officers in companies (IT Act section 43A and rule 5(9))
Any company in India that deals with ‘sensitive personal information’ must ‘address any discrepancies and grievances of their provider of the information with respect to processing of information in a time bound manner’, and must appoint ‘a Grievance Officer who shall redress the grievances… `within one month’.
A Grievance Officer is therefore the first tier of complaint handling in this system, one element of the role of a Data Protection Officer in proposals currently under consideration in the EU.
There are limitations on the scope of the obligation: it applies only to companies that deal with ‘Sensitive Personal Data’, not any personal information; data subjects can only use the provision where they have provided the information to the company; and Grievance Officers need not deal with them in relation to personal information obtained from other sources.
Rule 5: Data Protection Principles
(9) Complaint handling
No obligation to address and respond to complaints.
Company must designate Grievance Officer (and publish name and contact details on website), who must redress within 1 month.
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