The Digital Personal Data Protection Act 2025 (PDPA) marks a significant step forward in safeguarding personal data in India, with special provisions for the protection of children and vulnerable populations such as disabled individuals. With the rapid digitization of society and the increasing use of digital platforms by children, ensuring the protection of their data is paramount. The PDPA has taken a comprehensive approach to address these concerns, focusing specifically on the consent required for processing children’s data and the restrictions placed on such processing.
The PDPA’s Perspective on Child Data
Under the PDPA, a child is defined as an individual under the age of 18. This age threshold is higher than that adopted by some other international frameworks like the European Union’s General Data Protection Regulation (GDPR), which considers a child to be under 16, or the US’s Children’s Online Privacy Protection Act (COPPA), which sets the age limit at 13. This broad definition by the PDPA acknowledges that individuals under 18 may not yet have the cognitive maturity to make informed decisions about their data privacy.
Section 9 of the PDPA specifically addresses the processing of personal data related to children. It requires the explicit consent of the child’s parent or guardian before any data related to the child can be processed. This provision aims to protect the interests of children by ensuring that their data is not misused without appropriate oversight. Furthermore, the act places strict limits on how children’s data can be used, particularly prohibiting activities such as tracking or monitoring a child’s behavior, which could be detrimental to their well-being.
Verifiable Parental Consent (VPC)
A key component of the PDPA’s child data protection provisions is the concept of Verifiable Parental Consent (VPC). This term, however, is not clearly defined within the Act, leaving room for ambiguity in its implementation. VPC requires that data processors obtain verified consent from a child’s parent or guardian before processing their data. While the PDPA mandates this, it does not provide a specific framework or guidelines for how consent should be obtained.
In comparison, other jurisdictions like the United States have developed comprehensive guidelines for verifiable parental consent through the Federal Trade Commission (FTC). These guidelines suggest various methods for obtaining consent, including using physical consent forms, video calls, email communications, or even facial recognition. However, these methods have faced criticism for being cumbersome and time-consuming, especially in a fast-paced digital environment. Despite the challenges, there is broad support for ensuring that consent is verifiable and meaningful, particularly to ensure that children’s data is protected from exploitation.
The Indian government will need to devise practical, efficient methods for obtaining VPC. One potential approach could involve a centralized platform that facilitates parental consent across various platforms, ensuring that the data of users under the age of 18 is flagged appropriately.
Bar on Detrimental Effects
The PDPA explicitly forbids the processing of children’s data in ways that could have a detrimental effect on their mental or physical well-being. This includes prohibiting practices such as targeting children with advertisements or using their data to manipulate behavior in harmful ways. The Act does not, however, elaborate in detail on what constitutes a “detrimental effect,” leaving some uncertainty about its scope.
The term “detrimental effect” could refer to a range of negative consequences, including psychological harm from excessive social media use, exposure to harmful content, or targeted advertisements. For instance, research has shown that children and teenagers are vulnerable to mental health issues linked to social media and online gaming, especially when their data is used for targeted advertising or behavioral manipulation.
Moreover, online educational platforms and games that collect and track the behavior of children under the age of 18 may also cause negative impacts. Children may be unknowingly subjected to data collection and targeted advertising, which can lead to issues like social comparison, anxiety, or a distorted sense of self-worth. The PDPA’s bar on using data in this way is crucial, but more clarity is needed regarding the precise boundaries of “detrimental effects.”
Challenges and Areas for Improvement
While the PDPA is a step forward in protecting children’s data, there are several areas where further clarification is needed. One issue is the vagueness surrounding the definition of verifiable parental consent (VPC). The lack of a clear framework could create inconsistencies in its application across different digital platforms, leading to potential loopholes in child data protection. The government will need to establish clear and enforceable guidelines to ensure that parents can easily provide informed consent and that digital platforms adhere to these standards.
Another challenge lies in defining the scope of “detrimental effects” in more detail. While it is clear that certain uses of children’s data are harmful, a more detailed and precise definition would help avoid confusion and ensure that all stakeholders, including parents, educators, and businesses, understand their responsibilities under the law.
Lastly, as the digital landscape evolves, the PDPA will need to be adaptable to emerging technologies and new ways in which children interact with digital platforms. For example, with the rise of artificial intelligence (AI), virtual reality (VR), and augmented reality (AR), children’s data could be at risk of exploitation in ways not yet fully understood. Ongoing updates to the Act will be necessary to ensure it remains effective in safeguarding children’s privacy.
Conclusion
The Digital Personal Data Protection Act 2025 represents a significant stride in ensuring that children’s data is protected in India’s increasingly digital world. By emphasizing parental consent and limiting the harmful use of children’s data, the Act aims to safeguard the well-being of minors in the digital environment. However, certain provisions, such as the definition of Verifiable Parental Consent and the scope of “detrimental effects,” require further clarification to ensure that the Act effectively protects children’s rights and addresses the rapidly changing landscape of digital data collection and usage.
FAQs
1. What is the age threshold for a child under the PDPA?
Ans: The PDPA defines a child as anyone under the age of 18, which is higher than the 16 or 13-year-old thresholds used in some other regions like the EU (GDPR) and the US (COPPA).
2. Can companies process children’s data without parental consent under the PDPA?
Ans: No, companies cannot process a child’s data without obtaining verifiable parental consent. The PDPA mandates that parental approval must be obtained before any such data can be processed.
3. What are the restrictions on using children’s data under the PDPA?
Ans: The PDPA prohibits the use of children’s data in ways that could negatively impact their mental or physical well-being, such as targeting them with ads or tracking their online behavior in harmful ways.
