In a significant move to bolster data protection for minors, the Indian government has released draft rules under the Digital Personal Data Protection (DPDP) Act, 2023, proposing that individuals under the age of 18 must obtain verifiable parental consent to access social media platforms.
The DPDP Act, passed by Parliament in August 2023, defines any user below 18 as a child. The newly proposed rules aim to establish a comprehensive framework for data protection in India's expanding digital landscape. They emphasize the necessity for digital platforms to verify the identity and age of users, particularly when processing personal data of children.
Key provisions of the draft rules include:
Parental Consent Requirement: Data fiduciaries, such as social media platforms, must obtain verifiable parental consent before processing personal data of children.
Data Fiduciary Categories: The rules propose categorizing data fiduciaries into three broad groups: e-commerce companies, gaming intermediaries, and social media firms.
Data Deletion Policy: Platforms are mandated to delete the personal data of inactive users after three years.
Data Breach Notification: In the event of a data breach, data fiduciaries are required to inform the Data Protection Board within 72 hours.
The draft rules are currently open for public consultation until February 18, 2025. Stakeholders, including parents, educators, and digital platform operators, are encouraged to provide feedback to ensure the regulations effectively balance data protection with user accessibility.
This initiative reflects India's commitment to safeguarding children's online privacy and promoting responsible digital engagement. By involving parents in the consent process, the government aims to empower families to make informed decisions regarding children's participation in the digital world.
As the consultation period progresses, it is anticipated that these rules will set a precedent for child-centric data protection policies globally, influencing how digital platforms operate and interact with younger audiences.
