The Centre has published the draft rules of the Digital Personal Data Protection Act, 2023 which accords parental consent to open social media accounts for children below the age of 18.
The Ministry of Electronics and Information Technology (MeitY) has invited the public to give feedback on the draft rules through the government’s citizen engagement platform, MyGov.in. The feedback will be reviewed after February 18.
The government in the draft has mentioned rules for the Data fiduciaries which refer to corporations entrusted with personal data. The fiduciaries have to ensure any personal data of a minor is processed as per the consent of a parent or guardian.
These data fiduciaries include corporations belonging to the field of e-commerce, social media, and gaming platforms with specific guidelines for each.
Government IDs or digital identity documents will be used to verify the consent. In addition, the data will be kept with the fiduciaries only for the consented time period and thereafter it has to be deleted.
The draft also enhances consumer rights and enables users to demand the deletion of their data and request transparency from companies regarding the reasons for collecting their data.
The draft also has exemptions for educational institutions and child welfare organizations. In case of breach or violation of privacy if the user a penalty of Rs 250 crore has been proposed to ensure strong accountability from the data fiduciary end.
The government intends to set up a Data Protection Board to function as a fully digital regulatory body to monitor compliance of the rules. It will be authorized to perform remote hearings, probe infractions, and enforce penalties.
Additionally, it would register consent managers, which are entities responsible for managing data permissions. These entities must register with the Board and maintain a net worth of Rs 12 crore.
Therefore, the draft rules aim to safeguard personal data, giving consumers greater control to ensure their data is handled with their awareness while requiring corporations to maintain transparency.
