Government safeguards children's data; personal data will not be processed without parental consent..
DPDP Act for Children: The Central Government has clarified the rules and language regarding the Digital Personal Data Protection (DPDP) Act, 2023. The Ministry of Electronics and Information Technology (MeitY) recently issued a notification in this regard. The primary objective of this revision is to eliminate ambiguities in the legal language and make data protection regulations transparent. This move by the government provides a robust legal shield for the privacy and security of the digital data of children and young people.
Under the new order, the government has clarified two key provisions. The first provision relates to the processing of personal data belonging to children and persons with disabilities who have a legal guardian; it mandates obtaining verifiable consent from the parent or guardian. The second change pertains to the audit process for 'Significant Data Fiduciaries,' which has now been explicitly termed a 'data audit.' This clarification will facilitate compliance with the rules for tech companies, startups, and data-processing entities.
Strict rules regarding data of children and persons with disabilities
The Central Government has clarified provisions of the Digital Personal Data Protection (DPDP) Act, 2023.
Obtaining verifiable consent from a parent or legal guardian is mandatory before processing the personal data of any child or any person with a disability who is under the care of a legal guardian.
Previously, there was some technical ambiguity in the language. The government has now resolved this through the 'Digital Personal Data Protection (Removal of Difficulties) Order, 2026.' The aim is to ensure that data belonging to vulnerable groups is not misused and that robust security is maintained at every level.
Clarification of the term 'Data Audit'
Under this new order, significant improvements have also been made to the rules concerning 'Significant Data Fiduciaries.' The frequent use of the term ‘audit’ in older legal language was creating ambiguity regarding its scope. This has now been clearly resolved. Audits conducted as part of compliance obligations will be explicitly termed ‘data audits’ or ‘data protection audits.’ This change will prevent any confusion between regulatory authorities and companies regarding compliance with the rules.
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