DPDP Act mandates parental consent for child data processing

The question asked the Ministry of Electronics and Information Technology to state whether it has studied global frameworks prohibiting social media for under-16s, assessed age-verification feasibility, and if any legislative proposals or stakeholder consultations are underway to mandate parental consent or age-gating.

Asked and answered by: Asked by Shri Gurmeet Singh Meet Hayer; Answered by the Ministry of Electronics and Information Technology (Minister Shri Ashwini Vaishnaw).

What the government said

• The Government is aware of global regulatory developments and examines them while formulating domestic policy, balancing safety, privacy, and digital inclusion.
• The IT Rules 2021 require intermediaries to ensure users do not host or share information harmful to children.
• Intermediaries must report offences involving children under the Bharatiya Nyaya Sanhita, 2023, Bharatiya Nagarik Suraksha Sanhita, 2023, or POCSO Act, 2012.
• Recent IT Rules amendments require social media platforms to remove unlawful content within three hours of a court order or government intimation.
• The Digital Personal Data Protection Act, 2023 mandates parental consent for processing children's data and prohibits tracking, behavioral monitoring, or targeted advertising towards children.
• MeitY has conducted 6,650 awareness workshops covering over 11.37 lakh participants under the ISEA project.
• The Ministry of Education issued PRAGYATA Guidelines in July 2020 for safe online learning, and CBSE/NCERT have implemented cyber safety measures including curriculum changes and school guidelines.

Also in the document

• The answer does not explicitly state whether specific legislative proposals to mandate age-gating or parental consent are currently under active consideration, but notes that the DPDP Act already mandates parental consent for data processing.
• The answer does not provide a specific timeline for implementing new child-safety regulations, stating only that the government adopts a consultative approach and regularly engages with stakeholders.
• The answer does not provide details of a specific feasibility assessment on age-verification mechanisms, but mentions that global developments are examined in the context of India's technological ecosystem.