The Digital Personal Data Protection Act 2025 (PDPA) is a landmark legislation aimed at protecting personal data in India. With the rapid digitalization of society and the increased use of digital platforms by children, ensuring the protection of their data is essential. This Act introduces specific provisions to safeguard children’s personal information, focusing on parental consent and preventing detrimental effects caused by data misuse. This article provides a comprehensive analysis of child data protection under the PDPA, highlighting different perspectives, key provisions, challenges, and areas for improvement.
Understanding Child Data Protection Under PDPA
The PDPA defines a child as anyone under the age of 18, a threshold higher than international regulations like the European Union’s General Data Protection Regulation (GDPR), which sets the limit at 16, and the United States’ Children’s Online Privacy Protection Act (COPPA), which sets it at 13. This higher age limit acknowledges that individuals under 18 may lack the cognitive maturity to make informed decisions about their data privacy.
Section 9 of the PDPA mandates obtaining explicit consent from a child’s parent or guardian before processing their data. This provision ensures that children’s data cannot be used without appropriate oversight, reducing the risk of misuse. Additionally, the Act imposes strict limits on using children’s data, prohibiting practices such as tracking and monitoring that could negatively impact their well-being.
Verifiable Parental Consent (VPC)
A critical aspect of the PDPA’s child data protection measures is the requirement for Verifiable Parental Consent (VPC). Although the Act mandates VPC, it does not specify how consent should be obtained, leading to potential inconsistencies in its implementation. In comparison, the United States’ Federal Trade Commission (FTC) provides clear methods for obtaining VPC, such as physical consent forms, video calls, and email communications. While these methods ensure consent is verifiable, they can be time-consuming in a digital environment.
To address this challenge, the Indian government could develop a centralized platform that allows parents to provide consent across multiple platforms, ensuring that data processors can easily verify a child’s age and parental approval. This approach would streamline the process, making it more efficient while maintaining high data protection standards.
Prohibition of Detrimental Effects
The PDPA explicitly prohibits the processing of children’s data in ways that could negatively affect their mental or physical well-being. This includes banning targeted advertisements and behavioral manipulation. However, the Act does not clearly define what constitutes a “detrimental effect,” leading to ambiguity regarding its scope.
Negative effects could include psychological harm from excessive social media use, exposure to harmful content, or manipulation through targeted advertisements. For example, social media platforms and online games often use data-driven algorithms that can lead to social comparison, anxiety, and distorted self-worth. Educational platforms that collect behavioral data may also unintentionally contribute to stress and performance pressure.
Providing a more detailed definition of “detrimental effects” would help digital platforms understand their responsibilities and ensure better compliance with the law.
Different Perspectives on Child Data Protection
1. Parental Perspective:
Parents play a crucial role in safeguarding their children’s data. The PDPA empowers parents by requiring their consent for data processing, ensuring that they have control over their child’s digital interactions. However, the lack of clear guidelines on how to provide consent can be confusing, especially for parents with limited digital literacy.
2. Children’s Perspective:
While the PDPA aims to protect children, its strict provisions might limit their access to certain online services. For example, platforms that cannot easily verify parental consent may restrict access to children, reducing their opportunities for online learning and social interaction. Balancing protection with access is essential to ensure children can benefit from digital resources without compromising their privacy.
3. Businesses and Digital Platforms:
For businesses, the PDPA introduces new compliance requirements, particularly regarding VPC and the prohibition of detrimental effects. Digital platforms must implement robust age verification systems and ensure that their services do not harm children. However, the lack of detailed guidelines can create challenges in interpreting and applying these provisions, increasing compliance costs and legal risks.
Challenges and Areas for Improvement
Despite its strengths, the PDPA has several areas that require further clarification:
- Definition of Verifiable Parental Consent: The Act should specify clear methods for obtaining and verifying parental consent, ensuring consistency across platforms.
- Scope of Detrimental Effects: A detailed definition of “detrimental effects” would help stakeholders understand their obligations and prevent harmful practices.
- Adaptability to Emerging Technologies: The PDPA must be flexible enough to address future risks associated with artificial intelligence (AI), virtual reality (VR), and other emerging technologies that could exploit children’s data.
The government should consider developing comprehensive guidelines that address these issues, ensuring that the PDPA effectively protects children’s data while supporting innovation and digital growth.
Comparison of Child Data Protection Standards
| Legislation | Age Definition of a Child | Parental Consent Requirement | Restrictions on Data Use |
|---|---|---|---|
| India’s PDPA (2025) | Under 18 | Explicit Verifiable Parental Consent (VPC) | Prohibition of detrimental effects |
| EU’s GDPR (2018) | Under 16 | Parental consent required for children under 16 | Restriction on profiling and targeted ads |
| US’s COPPA (1998) | Under 13 | Verifiable Parental Consent | Restriction on targeted advertising |
Conclusion
India’s Digital Personal Data Protection Act 2025 is a significant step towards ensuring children’s data privacy. By requiring parental consent and banning harmful data practices, the Act aims to create a safer digital environment for minors. However, to maximize its effectiveness, the government must provide clearer guidelines on obtaining VPC and defining detrimental effects. Additionally, the PDPA must remain adaptable to address the challenges posed by emerging technologies, ensuring that children’s data remains protected in an increasingly digital world.
FAQs
Q1. What is Verifiable Parental Consent (VPC) under the PDPA?
Ans: Verifiable Parental Consent (VPC) requires digital platforms to obtain verified consent from a child’s parent or guardian before processing their data. However, the PDPA does not specify the methods for obtaining this consent.
Q2. How does the PDPA protect children from harmful data use?
Ans: The PDPA prohibits using children’s data in ways that could negatively impact their mental or physical well-being, such as targeted advertising or behavioral manipulation.
Q3. Why is the age limit for children set at 18 under the PDPA?
Ans: The age limit of 18 reflects the belief that individuals under this age may lack the cognitive maturity to make informed decisions about their data privacy, ensuring they receive additional protection.