Chapter II: Obligations of Data Fiduciary

Section 9: Processing of personal data of children

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Simple Explanation

Section 9 provides special protections for children (under 18) and persons with disability: 1. Verifiable Parental Consent: Before processing a child's data, the Data Fiduciary must get verifiable consent from the parent or lawful guardian. 2. Well-being Protection: Processing that could harm a child's well-being is prohibited. 3. No Tracking or Targeted Ads: Tracking, behavioral monitoring, and targeted advertising at children are banned. 4. Exemptions: The government may exempt certain fiduciaries or purposes from these rules. 5. Higher Age Threshold: If a Data Fiduciary can prove its processing is 'verifiably safe,' the government may allow it to process data of children above a specified age without full parental consent requirements.

Key Points

✓Verifiable parental/guardian consent required for children's data
✓Processing harmful to a child's well-being is prohibited
✓Tracking and targeted advertising at children are banned
✓Government can exempt certain fiduciaries or purposes
✓'Verifiably safe' platforms may get age threshold relaxations

Official Text (Summary)

Before processing personal data of a child or a person with disability who has a lawful guardian, verifiable consent of the parent or guardian must be obtained. Processing that is likely to cause detrimental effect on a child's well-being is prohibited. Tracking, behavioural monitoring, and targeted advertising directed at children are not allowed. The Central Government may exempt certain classes of Data Fiduciaries or specify a higher age threshold if processing is verifiably safe.

Source: The Digital Personal Data Protection Act, 2023 (No. 22 of 2023), Ministry of Law and Justice.

More Sections in Chapter II

Sec. 4 Sec. 5 Sec. 6 Sec. 7 Sec. 8 Sec. 9 Sec. 10

All Chapters

I. Preliminary II. Obligations of Data Fiduciary III. Rights and Duties of Data Principal IV. Special Provisions V. Data Protection Board of India VI. Powers, Functions and Procedure to be Followed by Board VII. Appeal and Alternate Dispute Resolution VIII. Penalties and Adjudication IX. Miscellaneous

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