Minister of State for Electronics and Information Technology Rajeev Chandrasekhar said that in the future, the definition of children (as those below the age of 18) in the Digital Personal Data Protection (DPDP) Bill will be tweaked based on how safe or exploitative a platform is for a child.
However, initially, when the DPDP Bill comes into force, Chandrasekhar said the definition of minors will remain as those below the age of 18, despite criticism regarding the matter from the industry including Big Tech companies such as Google, Twitter, Meta, Microsoft and Apple.
The DPDP Bill defines a child under Clause 2(3) as someone below the age of 18 years. Clause 10 of the Bill contains restrictions for companies in relation to processing of personal data of children, which has been met with criticism from the industry.
"It will be certainly reviewed very frequently to see if there are certain platforms that are creating safe spaces for children, in which case, those platforms can be given lower ages for children. In contrast to some platforms who are going to continue exploitative practices of children, they will have a higher bar for children," Chandrasekhar told Moneycontrol in an exclusive interview.
Clause 10 of the draft DPDP Bill states that data fiduciaries like Meta, Google and others have to obtain verifiable parental consent for processing data of children; not undertake tracking or behavioural monitoring of children and not target advertisements at them.
Industry bodies such as Asia Internet Coalition (AIC) and the Software Alliance (BSA) which represent many significant social media companies have pointed out that the upper age limit of 18 could prevent teenagers from accessing services.
For instance, the AIC urged the Ministry of Electronics and Information Technology (MeitY) to reconsider the prohibitions on monitoring, profiling and targeted advertising (at children). "This is because the bar on monitoring or tracking children may lead to a scenario where data fiduciaries are unable to undertake tracking or beneficial monitoring of children to deter online harm and ensure their online safety..."
During the interview, Chandrasekhar admitted that it has been difficult to arrive at a consensus regarding the issue.
"It is a difficult issue on which to get consensus because there are people who believe children should be trusted enough to take their own decisions from an early age of 14 and there are people who believe that there are platforms that exploit children and therefore children should be protected from the platform. It is a difficult balance to draw," Chandrasekhar said while adding that for now, the age limit will be 18.
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