Child Verification System in Draft Digital Personal Data Protection Rules

Context:

The draft Digital Personal Data Protection Rules propose a child verification system to ensure minors do not access social media or age-restricted online services without parental consent.

Relevance:
GS-02 (Government policies and interventions)

Major Provisions of the Draft Digital Personal Data Protection Rules

  • Parental Consent for Children’s Data
    • Social media and online platforms must obtain verifiable parental consent before allowing children to create accounts.
    • Parents’ age and identity must be validated using government-issued IDs.
    • Exceptions: Health, mental health establishments, educational institutions, and daycare centres are exempt from this requirement.
  • Data Fiduciaries
    • Definition:
      • Data fiduciaries” are entities responsible for collecting and processing personal data.
      • Significant Data Fiduciaries (SDFs) handle high volumes of sensitive data that impact national security, sovereignty, or public order.
    • Data Retention: Data must be retained only for the duration of consent and deleted afterward.
    • Fiduciaries must implement encryption and access controls and monitor unauthorised access.
  • Consent Management
    • They are those entities managing consent records that must adhere to strict verification standards.
    • Fiduciaries must provide mechanisms to address grievances and facilitate consent withdrawal.
  • Data Localisation
    • Certain personal and traffic data cannot be transferred outside India.
    • A government committee will classify data categories restricted from cross-border transfer.
  • Data Breach Reporting
    • Fiduciaries must inform affected users and the Data Protection Board of breaches, specifying the breach’s nature, timing, and mitigation steps.
    • All breaches, whether minor or major, must be reported.
  • Safeguards for Government Data Processing
    • Government agencies must lawfully process citizen data, with safeguards to address concerns about exemptions for national security and public order.

Importance:

  • Safeguards for Minors: Prevents unauthorised access to harmful online content.
  • Enhanced Privacy: Tokenisation protects user data from being fully disclosed.
  • Digital Infrastructure: Leverages India’s robust digital architecture like Aadhaar for seamless implementation.
  • Citizen-Centric Approach: Reflects India’s focus on protecting personal data while enabling growth and inclusivity.

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