The Digital Personal Data Protection Act (PDPA) provides guidelines on safeguarding personal data and outlines lawful ways to process it. It ensures that every individual has the right to protect their personal information. Additionally, the PDPA includes specific provisions to safeguard the data of children and individuals with disabilities. This article will focus on how the PDPA addresses the personal data of children and the necessary measures for their protection.
PDPA and the Protection of Children’s Personal Data
According to the PDPA, any individual below 18 years of age is considered a child. This differs from the regulations in other regions, such as the European Union, where a child is defined as someone under 16 years old. The General Data Protection Regulation (GDPR), another important data protection law, sets the minimum age limit even lower, at 13 years.
Parental Consent for Data Processing
Under Section 9 of the PDPA, the collection and processing of a child’s personal data require parental consent. Organizations must seek explicit approval from parents or guardians before gathering any information related to children. Additionally, the PDPA does not permit processing data that could negatively impact a child’s well-being. This means that companies cannot track or monitor children’s behavior, particularly for targeted advertising purposes.
For example, businesses are prohibited from using personal data to create advertisements specifically targeting children. This restriction ensures that children are not influenced by manipulative advertising tactics or exposed to potentially harmful digital content.
Understanding Verifiable Parental Consent (VPC)
The PDPA introduces the concept of verifiable parental consent (VPC). However, it does not provide a clear definition or standardized guidelines for obtaining this consent. This lack of clarity means that regulatory bodies must develop suitable frameworks to ensure proper implementation.
To address this issue, some countries, such as the United States, have established procedures for obtaining VPC through the Federal Trade Commission (FTC). Their approach includes various consent mechanisms, such as:
- Sending physical consent forms through postal mail.
- Using email verification systems.
- Confirming consent via toll-free phone numbers or video calls.
- Employing knowledge-based authentication methods (e.g., security questions).
- Verifying parental identity through government-issued IDs or facial recognition.
While these measures aim to ensure data security, they have received mixed reactions. Many individuals feel that these methods are time-consuming and costly. However, parents generally support these consent requirements, as they help protect their children’s data and privacy.
One potential solution to streamline the process is the use of platform-mediated VPC. In this approach, a centralized platform would be responsible for verifying parental consent, ensuring that underage users are flagged across digital services. Implementing such a system in India could help create a more efficient and uniform consent verification process.
Additionally, the Indian government must consider the varying levels of maturity among children of different ages. For instance, a 5-year-old has significantly different cognitive abilities compared to a 13-year-old. Social media platforms, such as Facebook, allow users above 13 years to create accounts. However, under PDPA regulations, children below 18 fall under the protected category. This raises concerns about how social media sites should handle the data of users aged 13 to 18.
Restrictions on Data Processing
The PDPA enforces strict regulations on processing children’s data, making it a punishable offense if done in a way that could harm them. Organizations cannot track or monitor children’s online behavior, nor can they collect their personal information for targeted advertising.
The term “detrimental effect” is crucial in this context. While PDPA does not define this term explicitly, it generally refers to any negative impact on a child’s physical or mental well-being. In the United States, laws specify that digital exposure can harm children’s development. However, PDPA lacks a detailed explanation, leading to differing interpretations.
Some argue that social media usage inherently affects children’s mental health. Most social platforms ask for users’ ages during registration and permit only those above 13 to create accounts. However, since the PDPA considers individuals under 18 as children, there is ambiguity about how social media companies should handle user data for those between 13 and 18 years old. This lack of clarity raises concerns about teenagers’ exposure to potentially harmful content and data collection practices.
Another area of concern is online learning platforms that track students’ behavior to personalize content. While these platforms aim to enhance the learning experience, data tracking could have unintended consequences. Similarly, companies that develop games specifically targeting children might collect user data without their awareness, potentially leading to excessive screen time and mental health concerns.
FAQs
1. Why is parental consent necessary under the PDPA?
Parental consent ensures that children’s data is not misused or exploited. Since children may not fully understand the implications of data sharing, obtaining approval from parents helps safeguard their privacy and security.
2. How does the PDPA differ from GDPR in terms of child data protection?
The PDPA defines a child as anyone below 18 years, whereas the GDPR considers individuals under 16 (and in some cases, under 13) as children. Additionally, the GDPR provides detailed guidelines on parental consent, while the PDPA still requires further clarification in this area.