Parental consent mandatory for children to create social media accounts: Draft data protection rules

The Union government has proposed making verifiable parental consent mandatory for children to create accounts on social media platforms, according to the draft Digital Personal Data Protection Rules released on Friday.

The draft rules published by the Ministry of Electronics and Information Technology for public consultation say that the consent provided by a parent or a legal guardian must be voluntarily validated through a government-approved identity proof.

Besides social media platforms, the rule will apply to e-commerce websites and gaming platforms.

The parental consent must be obtained before the platforms can start using or storing personal data of the individuals under the age of 18 and persons with disabilities, the draft added.

However, healthcare and educational institutions will be permitted to process personal data of children with fewer restrictions.

The proposed rules are key to enforce provisions of the 2023 Digital Personal Data Protection Act. Although the Act received presidential assent in August 2023, the rules for its enforcement are being developed.

Critics have flagged concerns that the 2023 data protection law does not strengthen individual privacy. Nor does it affix adequate accountability upon non-state entities that misuse individuals’ data.

The proposed rules released on Friday do not mention penalties under the Act, which is otherwise empowered to impose monetary penalties up to Rs 250 crore.

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