The Digital Personal Data Protection Act (PDPA) 2024 represents a significant step forward in India’s approach to data privacy, with a focus on protecting children’s personal information. This broad structure outlines critical principles for handling personal data, with a particular emphasis on vulnerable groups such as children and disabled people.
Digital Personal Data Protection Act (PDPA)
PDPA considers those under the age of 18 to be children. Other authorities, such as the European Union, take into account minors under the age of sixteen. The other act, the GDPR (General Data Protection Regulation), requires the child to be under the age of thirteen.
Returning to the PDPA, Section 9 of the Act contains provisions for processing children’s personal data. If there is any information on the child, the statute requires parental consent.
The PDPA legislation does not give permission to process any data about the kid that could have a detrimental impact on the youngster. According to the statute, we cannot track or monitor the child’s behavior.
Evaluation
The phrase verifiable parental consent (VPC) appears in the PDPA Act but is not defined. When dealing with a child’s data, we must acquire parental consent. Now, authorities must devise procedures or criteria for getting parental consent.
The United States government worked with the Federal Trade Commission to create standards for verifiable parental consent (VPC). These guidelines define the method of obtaining physical consent from the parent, who may send the consent in hard copy by post or email. Consent can be gained through a toll-free helpline or a video call. Companies can gain consent via knowledge-based question-and-answer forms, the parent’s government ID, or facial recognition.
People in the United States oppose the FTC requirements for parental consent because the consent process is time-consuming and expensive. However, parents embrace these consent forms, claiming that proper consent methods are essential to accomplish COPPA’s goal.
The government has one option called platform-mediated verifiable parental approval. In this method, a specialized platform will be created to gain parental consent and uniformly identify individuals who are underage.
The Indian government is also likely to consider the most effective ways to acquire parental consent. The child’s age is essential since a five-year-old child has a very different maturity level than a thirteen-year-old child. The VPC should notify youngsters under the age of 10 who use social media sites like Facebook.
Bars on Processing
The PDPA makes it a criminal violation to use children’s personal data in a way that harms the child. Organizations are not authorized to track the child’s personal information or monitor the person’s behavior.
The adverse effect refers to the bad repercussions on the child, such as when the youngster’s physical or mental health is harmed. The government prioritizes children’s well-being. This is defined in US law, however the PDPA does not elaborate on the negative impact on the child.
Because the phrase is not precisely defined, people make assumptions about the negative consequences. Some argue that if a child uses social media, their mental health is automatically impacted. Before registering, social media asks for a person’s age, and only those above the age of 13 can create an account.
However, because the PDPA has set the age at 18, kids aged 13 to 18 will now have social media profiles, and social websites will collect information about them. It will have a harmful impact on teenage mental health. It is required to expand on the PDPA Act.
Another form of online coaching scenario involves monitoring the behavior of minors under the age of eighteen. This can be dangerous to children. Another example is an advertisement aimed solely at young people. Some game companies only target children, and kids download games without considering the consequences. This is also negatively impacting the child’s mental health.
Conclusion
The PDPA is a great initiative by the Indian government to safeguard children’s data. The PDPA Act would also help disabled people in India. Although, as previously stated, this act need additional explanation in numerous areas, it will surely help children’s health.