The Ministry of Electronics and Information Technology (MeitY) announced on January 3, 2025, the release of draft rules under the Digital Personal Data Protection Act, 2023 for public feedback. A significant provision in this draft mandates that parental consent must be obtained before processing the personal data of children under 18 years of age, including creating social media accounts. This move aims to strengthen online safety measures for minors and regulate how digital platforms handle their data.
The draft rules explicitly require social media platforms to secure verifiable parental consent before allowing minors under 18 to open accounts. This provision is intended to safeguard children from online risks such as cyberbullying, data breaches, and exposure to inappropriate content. Verification may involve government-issued identification or digital identity tools like Digital Lockers.
MeitY has invited the public to share their opinions and suggestions regarding the draft rules through the government’s citizen engagement platform, MyGov.in. The consultation window remains open until February 18, 2025. Public feedback will be reviewed before the finalization of the rules.
Consumer Rights and Data Protection Measures
The draft rules enhance consumer data protection by introducing several key rights and safeguards:
- Data Deletion Requests: Users can request companies to delete their personal data.
- Transparency Obligations: Companies must explain why user data is being collected and how it will be used.
- Penalties for Data Breaches: Data fiduciaries will face fines of up to ₹250 crore for data breaches.
To ensure compliance, the government plans to establish a Data Protection Board, an independent digital regulatory body. The Board will oversee data protection practices, conduct investigations, enforce penalties, and regulate consent managers. Consent managers must register with the Board and maintain a minimum net worth of ₹12 crore.
Mixed Reactions to the Proposed Rules
The draft rules have received a blend of support and criticism. Supporters, like Saneh Lata, a teacher and mother of two from Dwarka, Delhi, appreciate the move, citing social media as a significant distraction for children. Critics, however, argue that the regulations may lead to excessive government intervention in children's digital lives.
Certain institutions, such as educational organizations and child welfare bodies, may be exempt from some provisions to ensure uninterrupted educational and welfare services. Additionally, digital intermediaries like e-commerce, online gaming, and social media platforms are subject to specific guidelines tailored to their operations.
The proposed draft rules mark a significant step towards strengthening data privacy, especially for vulnerable groups like children and individuals under legal guardianship. By holding data fiduciaries accountable and empowering consumers with greater control over their data, the government aims to create a safer and more transparent digital ecosystem.
