Children below 18 will need parents’ consent to create social media account: Draft rules

Children below 18 will need parents’ consent to create social media account

Good news for parents, but a reality check for those under 18—rising concerns over the excessive use of social media among youngsters and its negative impact on mental health and behavior have prompted the government to take a bold step. According to the draft rules of the Digital Personal Data Protection (DPDP) Act, 2023, children below 18 years will now need parental consent to create social media accounts.

Children below 18 will need parents' consent to create social media account

Children below 18 will need parents’ consent to create social media account

 

The much-anticipated draft, released by the central government for public consultation, aims to address growing data privacy concerns.

  • The rules mandate that data fiduciaries, such as social media, e-commerce, and gaming platforms, adopt measures to ensure verifiable parental consent before processing any personal data of children. However, the draft does not specify any penal action for violations at this stage.

Key Highlights of the Draft

 

  • The rules require entities to verify that the individual claiming to be the parent is an identifiable adult. This will be done using reliable identity details, voluntarily provided information, or virtual tokens issued by government bodies.
  • Data fiduciaries are expected to ensure compliance with due diligence and adopt appropriate technical and organizational measures for verifying parental consent.

Future Steps

 

The draft notification, released under the powers of the DPDP Act, 2023, invites public feedback and will be finalized after February 18. Once implemented, these rules will regulate data collection, consent processes, and the operations of entities under the Act.

Penalties and Provisions

 

While the draft does not currently mention penalties for violations of parental consent requirements, the DPDP Act includes a provision to impose fines of up to ₹250 crore on data fiduciaries for other breaches.

This move by the government marks a significant step towards safeguarding children’s online activities and ensuring responsible use of social media platforms in an increasingly digital world.

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