Children will require verifiable parental consent to access social media in India, as per the draft rules of the Digital Personal Data Protection Act of 2023 (DPDP). Any user below the age of 18 has been defined as a child under the Act, which was passed by Parliament in August 2023.
The draft rules for the Digital Personal Data Protection Act of 2023 are currently open for public feedback and are expected to be finalized after February 18, 2025, meaning the rules will likely come into force sometime after that date.
The Digital Personal Data Protection Act (DPDP Act) of 2023 is a comprehensive legislation in India that aims to protect the personal data of individuals. The Act was introduced to regulate the collection, storage, and processing of personal data by organizations.
Key Provisions:
- Definition of Personal Data: The Act defines personal data as any information that can be used to identify an individual, including names, addresses, phone numbers, and financial information.
- Consent: Organizations must obtain explicit consent from individuals before collecting, storing, or processing their personal data.
- Data Protection Officer: Organizations must appoint a Data Protection Officer to ensure compliance with the Act.
- Data Breach Notification: Organizations must notify the relevant authorities and affected individuals in case of a data breach.
- Cross-Border Data Transfer: The Act regulates the transfer of personal data outside India and requires organizations to ensure that the data is protected in accordance with Indian laws.
Penalties and Enforcement:
- Fines: Organizations that violate the Act can be fined up to ₹500 crores or 2% of their global turnover, whichever is higher.
- Imprisonment: Individuals who violate the Act can be imprisoned for up to three years.
Impact:
The DPDP Act of 2023 is expected to have a significant impact on the way organizations collect, store, and process personal data in India. It will provide individuals with greater control over their personal data and ensure that organizations are held accountable for protecting it.
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