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Writer's picture Rekha Pal

Parents' Consent Must For Oening Children's Social Media Accounts



New Delhi: Centre released draft rules under the Digital Personal Data Protection Act, 2023, on Friday (3 January), requiring parental consent for individuals below 18 years to open social media accounts.

The Ministry of Electronics and Information Technology (MeitY) has invited the public to provide objections and suggestions on the draft rules through MyGov.in, the government’s citizen engagement platform. Feedback submissions will be reviewed after 18 February 2025.

The draft rules introduce stricter safeguards for the personal data of children and individuals with disabilities under lawful guardianship. As per the provisions, data fiduciaries—entities handling personal data—must obtain parental or guardian consent before processing minors' personal data. Consent verification will require government-issued IDs or digital identity tokens, such as those linked to Digital Lockers.

Certain entities, including educational institutions and child welfare organisations, may be exempt from specific provisions to prevent excessive regulatory burdens.

The draft also focuses on enhancing consumer rights, allowing individuals to request data deletion and seek transparency regarding data collection and usage purposes. It proposes penalties of up to ₹250 crore for violations, ensuring greater accountability for data fiduciaries. Consumers will also have the right to challenge data collection practices and demand clarity on how their information is used.

Key digital intermediaries, including “e-commerce entities,” “online gaming intermediaries,” and “social media intermediaries,” are distinctly categorized, each governed by tailored guidelines. Social media platforms are defined as intermediaries enabling online user interactions, such as sharing, modifying, or disseminating information.

To ensure compliance, the government plans to establish a Data Protection Board, a fully digital regulatory authority. The Board will handle remote hearings, investigate breaches, impose penalties, and oversee the registration of consent managers—entities managing data permissions. These managers must register with the Board and maintain a minimum net worth of ₹12 crore.

The draft emphasizes robust technical and organisational safeguards to protect vulnerable groups, especially children. It includes exemptions for scenarios like educational applications to avoid imposing undue burdens on institutions serving children.

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