Kumar Bahukhandi
Children will have to take permission from their parents for social media accounts (AI-generated image)
The central government has issued draft rules for digital personal data protection. After the implementation of this law, children will have to take permission from their parents to create an account on social media. However, suggestions have been sought on the draft rules till February 18. The government will notify it only after the suggestions are received.
Now it will be mandatory for children below the age of 18 to take the consent of their parents to open an account on social media. This provision is included in the draft rules of the Digital Personal Data Protection Act, 2023, which was released by the central government on Friday. The Ministry of Electronics and Information Technology (MeitY) issued a notification announcing that the public has been invited to give their objections and suggestions on these draft rules, this feedback can be given through the government’s citizen participation platform MyGov.in. The feedback will be considered after February 18, 2025.
The draft rules emphasize strict measures to protect the personal data of children and persons with disabilities under legal guardianship. According to the draft, data fiduciaries (entities that take responsibility for handling personal data) will have to obtain the consent of the children’s parents before processing the data of minors. Fiduciaries will have to use government identity cards or digital identity tokens (such as tokens linked to digital lockers) to confirm consent. However, educational institutions and child welfare organizations have been exempted from some provisions of these rules.
Apart from giving special attention to children’s data, the draft rules also strengthen the rights of consumers. Users will have the right to delete their data and demand transparency from companies on why and how their data is being collected. A penalty of up to Rs 250 crore has been proposed in case of a data breach, which will ensure accountability of data fiduciaries. Consumers will also have the right to challenge data collection processes and seek clarifications for data use.
Guidelines for digital intermediaries
The draft rules cover important digital intermediaries such as e-commerce entities, online gaming intermediaries and social media intermediaries. Guidelines have been laid down for them. Social media platforms have been defined as intermediaries that prioritize online interactions between users, including the exchange, dissemination and modification of information.
Establishment of Data Protection Board
To ensure compliance with these rules, the government will set up a Data Protection Board, which will function as a fully digital regulatory body. This board will conduct remote hearings, investigate violations, impose penalties and register Consent Managers. Consent Managers will have to register with the board.
