Introduction:

The Digital Personal Data Protection Act of 2023 places a strong emphasis on safeguarding the personal data of children. Section 9 of the Act provides specific provisions for the protection of children’s data. In this article, we will explore the responsibilities of data fiduciaries when processing the personal data of children. Before we delve into compliance with the Act, it is crucial to familiarize ourselves with key terms defined within it.

Key Terms:

Data Fiduciary: Any individual or entity that, either independently or in collaboration with others, determines the purpose and methods of processing personal data.

Children: Individuals who have not yet reached the age of 18.

Duties of Data Fiduciaries When Processing Children’s Personal Data:

Verifiable Consent: Data fiduciaries must obtain verifiable consent from the child’s parent or lawful guardian, as prescribed by the law, through a consent form. This step ensures that data processing is carried out with explicit permission from the responsible adult.

Preventing Detrimental Effects: Data fiduciaries are prohibited from processing personal data that is likely to have a detrimental effect on the well-being of the child. This provision aims to protect children from any potential harm resulting from data processing activities.

No Tracking or Targeted Advertising: Data fiduciaries are strictly prohibited from engaging in tracking or behavioral monitoring of children. Additionally, they must refrain from conducting targeted advertising directed at children. These measures safeguard children from intrusive data practices.

Government Notification for Safe Processing: In cases where the central government is satisfied that the processing of personal data of children is verifiably safe, it may notify and grant exemptions for specific processing activities related to children’s personal data. This mechanism allows for flexibility while maintaining stringent data protection standards.

Compliance with these duties is essential for data fiduciaries to adhere to the Digital Personal Data Protection Act of 2023 and uphold the privacy and well-being of children. By ensuring responsible data handling practices, we can create a safer digital environment for our young citizens.