The DPDPA incorporates the Automated Means Criterion by focusing on the processing of "digital personal data." This approach aligns with the concept of data processing carried out by automated means, as digital data inherently involves technological processing methods.

Article 3(a)(i) explicitly states that the Act applies to personal data collected "in digital form." This provision directly addresses the automated means criterion by encompassing data that is originally collected through digital channels or systems.

Article 3(a)(ii) extends the Act's applicability to personal data "collected in non-digital form and digitised subsequently." This provision is significant as it captures scenarios where traditional, non-automated data collection methods are used initially, but the data is later converted into a digital format for processing.

The Act's focus on "digital personal data" effectively covers a wide range of automated processing activities, including those involving electronic systems, databases, and other technology-driven methods of data handling.

Implications

The inclusion of the Automated Means Criterion in the DPDPA has several implications for businesses and data processors:

1. Broad applicability: The Act applies to virtually all forms of modern data processing, as most contemporary data handling involves digital systems at some point.
2. Digitization considerations: Organizations that collect data in non-digital forms must be aware that subsequent digitization of this data will bring it under the Act's purview.
3. Technological neutrality: By focusing on the digital nature of the data rather than specific technologies, the Act remains flexible and applicable to future technological developments.
4. Exclusion of purely manual processing: The Act does not appear to apply to personal data that remains in non-digital form throughout its lifecycle, potentially excluding some traditional record-keeping methods.
5. Data transformation awareness: Companies must be mindful of the Act's applicability when converting analog data to digital formats, as this process may trigger compliance requirements.