Children Below 18 Will Require Parental Consent for Social Media Accounts Under Draft DPDP Rules
The Central Government has released the much-anticipated draft of the Digital Personal Data Protection (DPDP) rules for public consultation, proposing that children under the age of 18 will need parental consent to create social media accounts. The draft rules, released on Friday, aim to enhance the protection of minors’ data and ensure responsible data processing practices by digital platforms.
Key Provisions of the Draft DPDP Rules
- Parental Consent for Minors’ Social Media Accounts:
Data fiduciaries, which include social media platforms, e-commerce sites, and online gaming platforms, will be required to obtain verifiable consent from a parent or guardian before allowing children below 18 years to create accounts. The consent verification must be done using government-issued identification or digital identity tokens, such as those linked to Digital Lockers. - Technical and Organizational Safeguards:
The draft mandates data fiduciaries to implement robust technical and organizational measures to ensure the authenticity of the parental consent. It further specifies that the individual providing consent must be identifiable and legally recognized as an adult. - Penalty for Data Breaches:
The DPDP Act includes provisions for imposing penalties of up to ₹250 crore on data fiduciaries for violations related to data breaches or failure to ensure consent for minors’ accounts. - Oversight and Enforcement:
A Data Protection Board will be established to oversee compliance, conduct investigations into data breaches, and enforce penalties. The Board will operate as a fully digital regulatory body, conducting remote hearings and managing consent managers responsible for handling data permissions.
Public Feedback and Next Steps:
The Ministry of Electronics and Information Technology (MeitY) has invited public feedback on the draft rules via the government’s citizen engagement platform, MyGov.in. Objections and suggestions will be accepted until February 18, 2025, after which the draft rules will be considered for finalization.
Exceptions and Additional Provisions:
- Educational and Child Welfare Exemptions: Educational institutions and child welfare organizations may be exempt from certain provisions of the rules to avoid undue operational burdens.
- Consumer Rights: The draft rules also emphasize enhanced consumer rights, allowing individuals to request the deletion of their data and demand clear explanations from data fiduciaries regarding data collection purposes.
These draft rules mark a significant step towards safeguarding children’s digital privacy while ensuring greater accountability for data fiduciaries in India. The public consultation period is expected to play a crucial role in shaping the final provisions under the Digital Personal Data Protection Act, 2023.
