The Data Protection Bill 2021 presented by the Joint Parliamentary Committee (JPC) has stated that data fiduciaries can process a child’s personal data only after verifying their age and obtaining the consent of their parent or guardian. Data fiduciaries are further barred from carrying out certain activities using children’s data. Age of consent remains at 18 Multiple stakeholders had requested that the bill lower the age of consent to either the US standard (13 years) or GDPR standard (13-16 years), but the committee decided to leave the age of consent at 18 citing the Contract Act as the basis for this. “We are aware that from the perspective of the full, autonomous development of the child, the age of 18 may appear too high. However, consistency with the existing legal framework demands this formulation. Were the age of consent for the contract to reduce, a similar amendment may be effected here too,” the committee wrote. Companies must protect child's rights, age verification, and consent from parent or guardian required “Every data fiduciary shall process personal data of a child in such manner that protects the rights of the child” and “the data fiduciary shall, before processing of any personal data of a child, verify his age and obtain the consent of his parent or guardian, in such manner as may be specified by regulations,” the Bill stated. Earlier draft: The Personal Data Protection (PDP) Bill 2019 stated: “Every data fiduciary shall process personal data of a child in such manner that…
Data Protection Bill 2021: How data fiduciaries must handle the personal data of children
The do’s and don’ts around handling children’s data shows how the bill has moved away from its previous iterations.
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Amazon announced that it will integrate its logistics network and SmartCommerce services with the Open Network for Digital Commerce (ONDC).
India's smartphone operating system BharOS has received much buzz in the media lately, but does it really merit this attention?
After using the Mapples app as his default navigation app for a week, Sarvesh draws a comparison between Google Maps and Mapples
In the case of the ‘deemed consent' provision in the draft data protection law, brevity comes at the cost of clarity and user protection
The regulatory ambivalence around an instrument so essential to facilitate data exchange – the CM framework – is disconcerting for several reasons.
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