The draft rules have underscored the protection of personal data for children and individuals with disabilities under lawful guardianship
GUWAHATI: The Central government released draft rules under the Digital Personal Data Protection Act, 2023, on Friday, January 3, mandating parental consent for individuals under 18 years to access social media platforms.
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This was announced via a notification by the Ministry of Electronics and Information Technology (MeitY).
The draft rules have underscored the protection of personal data for children and individuals with disabilities under lawful guardianship. Data fiduciaries, or entities responsible for handling personal data, will now have to secure parental or guardian consent before processing minors’ data.
For verification of consent, the process will be facilitated using government-issued identification or digital identity tokens linked to platforms such as Digital Lockers.
The government will additionally aim to establish a Data Protection Board to oversee compliance, operating as a fully digital regulatory body. This board will conduct remote hearings, investigate breaches, enforce penalties, and register consent managers. Consent managers, tasked with managing data permissions, have been instructed to register with the Board and maintain a minimum net worth of ₹12 crore.
However, educational institutions and child welfare organisations may receive exemptions from certain provisions to alleviate regulatory burdens.
Beyond child data protection, the draft also introduced measures to enhance consumer rights, allowing users to request data deletion and demand greater transparency regarding data collection. It has proposed stringent penalties of up to ₹250 crore for breaches by fiduciaries, ensuring heightened accountability.
