Challenges of Processing Children's Data Under India's Digital Personal Data Protection Act
Processing children’s personal data under the DPDPA
Hindustan Times
Image: Hindustan Times
The Digital Personal Data Protection Act, 2023 (DPDPA) mandates parental consent for processing children's data but presents challenges due to its high age threshold and lack of graded treatment. Organizations face legal ambiguities and operational hurdles while ensuring compliance, particularly in sectors like education and technology.
- 01The DPDPA defines a child as anyone under 18 years old, requiring parental consent for data processing.
- 02Organizations face challenges due to the same treatment for all minors, regardless of age differences.
- 03Verifiable parental consent processes may lead to the collection of sensitive information, contradicting data minimization principles.
- 04Compliance costs may disproportionately affect startups needing to process children's data.
- 05The DPDPA's child data protection framework diverges significantly from global standards.
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The Digital Personal Data Protection Act, 2023 (DPDPA) in India defines a 'child' as anyone under 18 years, necessitating verifiable parental consent for processing their personal data. This requirement, coupled with the absence of age-based graded treatment, poses operational challenges for organizations, especially in sectors like education technology (edtech). For example, a 17-year-old accessing educational content must be treated the same as a 9-year-old using a gaming platform, disregarding their differing cognitive abilities and digital literacy. The DPDPA also requires data fiduciaries to authenticate parental identity, which may lead to the paradox of collecting sensitive information to comply with data minimization principles. Additionally, the high cost of compliance could hinder early-stage companies that rely on processing children's data. The DPDPA's framework significantly diverges from global standards, raising concerns about reputational risks and the need for organizations to navigate complex legal ambiguities while implementing necessary verification workflows and audit trails.
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The DPDPA's stringent requirements may hinder startups and organizations from effectively engaging with children, impacting educational and recreational offerings.
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