The Digital Personal Data Protection Act (PDPA) of 2025 establishes guidelines for data protection in India, empowering individuals to safeguard their personal information. The legislation contains specific provisions for vulnerable groups, particularly children and persons with disabilities. This article examines the child protection aspects of the PDPA.
Definition of a Child Under PDPA
The PDPA defines a child as any individual under 18 years of age. This differs from other international frameworks—the European Union’s General Data Protection Regulation (GDPR) sets the threshold at 16, while in some contexts, children are defined as those under 13 years of age.
Key Provisions for Children’s Data
Section 9: Parental Consent Requirements
Section 9 of the PDPA mandates obtaining parental consent before processing any child’s personal data. This requirement creates a protective barrier, ensuring that children’s information cannot be collected or used without appropriate adult oversight.
Prohibition on Harmful Processing
The PDPA explicitly forbids processing children’s data in ways that might cause detrimental effects. This includes tracking or monitoring children’s behavior and prohibits targeted advertising directed at children.
Analysis of Implementation Challenges
Verifiable Parental Consent (VPC)
While the PDPA introduces the concept of Verifiable Parental Consent (VPC), it does not provide a clear definition or methodology for implementation. This creates uncertainty regarding how organizations should obtain and verify parental permission.
The United States offers a potential model through Federal Trade Commission guidelines, which include:
- Physical consent forms submitted via mail
- Email-based consent mechanisms
- Verification through toll-free numbers or video calls
- Knowledge-based authentication systems
- Government ID verification
- Facial recognition technology
However, these methods have faced criticism for being cumbersome and resource-intensive, though parents generally support robust consent mechanisms to protect their children.
One promising approach is platform-mediated VPC, which would create a standardized system to flag underage users and manage parental consent across multiple services.
Age-Appropriate Considerations
The broad definition of “child” under the PDPA creates challenges, as the needs and capacities of children vary dramatically with age. A 5-year-old requires different protections than a 13-year-old, necessitating nuanced implementation approaches.
The “Detrimental Effect” Standard
The PDPA prohibits data processing that could have a “detrimental effect” on children but does not thoroughly define this term. This ambiguity has led to varying interpretations:
- Some argue that social media use inherently harms children’s mental health
- Social platforms typically restrict accounts to users 13 and older, creating a gap with the PDPA’s 18-year threshold
- Online educational platforms that track student behavior may potentially violate the law
- Gaming companies targeting children with advertisements raise concerns about exploitative practices
Conclusion
The PDPA represents a significant step forward in protecting children’s data in India’s digital ecosystem. While further clarification is needed in several areas, particularly regarding implementation methods and key definitions, the legislation establishes important safeguards for children’s personal information and well-being in the digital age.
FAQs
Q1: How does the PDPA’s definition of a child compare to other international data protection laws?
A1: The PDPA defines a child as anyone under 18 years of age, which is more protective than many international standards. For comparison, the EU’s GDPR sets the age threshold at 16, while some U.S. regulations consider children to be under 13 years old. This higher age threshold in the PDPA means more individuals receive enhanced data protections compared to other jurisdictions.
Q2: What penalties might organizations face for improperly processing children’s data under the PDPA?
A2: The PDPA establishes that processing children’s data in ways that could have detrimental effects is a punishable offense. Organizations that track children’s personal data or monitor their behavior without proper consent face potential legal consequences. While the specific penalties aren’t detailed in this article, the law clearly establishes the seriousness of violations related to children’s data protection. Companies working with data from individuals under 18 should implement robust compliance measures to avoid legal liability.