What’s the news?

• As a reworked version of the Digital Personal Data Protection Bill, 2022 (DPDP Bill) reaches Parliament, it is prudent to talk about one demographic that often receives less attention in the conversation on data privacy — children

Central idea

• With children constituting over 15 per cent of active internet users in the country and their online activities evolving rapidly, protecting their safety and privacy online has become a critical concern.

Vulnerability of children online

• Limited Understanding: Children often have limited understanding of the potential risks and consequences associated with sharing personal information online. They may not fully grasp the permanence and public nature of their digital footprint.
• Trust and Naivety: Due to their trusting nature, children can be easily deceived by online predators or malicious individuals who take advantage of their naivety.
• Lack of Experience: Many children lack the experience to recognize scams, phishing attempts, or deceptive content, making them more susceptible to online fraud and misinformation.
• Cyberbullying and Harassment: Children can become victims of cyberbullying, harassment, or online abuse, which can have severe psychological and emotional effects on their well-being.
• Inappropriate Content Exposure: Without proper supervision, children may stumble upon inappropriate or harmful content online, impacting their mental health and development.
• Social Media Pressure: Children may face pressure to conform to certain social media standards, leading to self-esteem issues and the desire to share personal information or engage in risky behaviors to fit in.
• Data Privacy Concerns: Children may unknowingly share sensitive data, such as location information, contact details, or pictures, making them potential targets for privacy breaches or data misuse.
• Lack of Parental Guidance: In some cases, parents may be less tech-savvy or unaware of their children’s online activities, leaving them exposed to online risks without proper guidance

How DPDP Bill ensures online safety for children?

• Definition of Minors: The DPDP Bill defines individuals under the age of 18 as minors. This definition acknowledges that children are particularly vulnerable and deserve additional safeguards for their personal data.
• Data Processing Obligations: The bill places three specific conditions on data processing entities when handling children’s data:

1. Obtaining verifiable parental consent: As mentioned above, entities must ensure they have proper consent from a parent or guardian before processing a child’s data.
2. Not causing harm to children: Data processing activities should not harm or exploit children in any way.
3. Not tracking or targeting ads at children: Entities are prohibited from tracking children’s online behavior for targeted advertising purposes.

• Exemptions: The bill allows the government to exempt certain entities from the requirement of parental consent and tracking and targeting ads for specific purposes. However, such exemptions must be for the best interests of a child.

Why a graded approach is necessary?

• Age Diversity and Developmental Stages: Children’s maturity levels vary across different age groups. A rigid age requirement may not consider the developmental stages of children, leading to over- or under-protection of their data.
• Balancing Access and Protection: A graded approach allows for a balance between age-appropriate access to digital services and data protection. It enables children to access educational platforms while imposing stricter age-gating for services with higher privacy risks.
• Promoting Digital Literacy: Gradually exposing children to digital platforms with age-appropriate content fosters digital literacy and responsible online behavior from an early age.
• Preventing Misrepresentation: A strict age-gating requirement might encourage children to misrepresent their age to access certain services, defeating the purpose of data protection measures.
• Adapting to Technological Advancements: The digital landscape is dynamic, with new services constantly emerging. A graded approach allows for flexibility in adjusting age requirements as technology evolves.

Way forward

• Graded Approach Implementation: Adopt a graded and risk-based approach to age-gating for accessing different digital services. This approach allows the government to set varied age thresholds based on privacy risks, ensuring age-appropriate access while protecting children’s data.
• Clear Guidelines for Age Verification and Consent: Provide clear and reliable mechanisms for age verification and obtaining parental consent. Ensure that these mechanisms adhere to data protection principles like data minimization and purpose limitation to prevent unintended data collection.
• Defining Verifiably Safe Manner: Articulate core principles of what qualifies as a verifiably safe manner for processing children’s data to avoid ambiguity. This will guide data processing entities in ensuring children’s safety and privacy.
• Promoting Digital Literacy: Develop and implement digital literacy programs that educate children about online risks and responsible behavior. These initiatives should be integrated into school curricula, and awareness campaigns for parents and guardians should be conducted.
• Parental Guidance and Involvement: Encourage active parental involvement in their children’s online activities. Provide resources and workshops to help parents understand the digital world and support their children in using digital services safely.
• Collaboration with Tech Companies: Engage with technology companies to develop age-appropriate interfaces, privacy settings, and content filters. Prioritize child safety in the design and features of digital platforms.
• Robust Reporting Mechanisms: Establish accessible and user-friendly reporting mechanisms for inappropriate content, cyberbullying, or any other online harm targeting children. Promptly address reported issues and take appropriate actions.

Conclusion

• As India deliberates on various laws and policies to regulate the internet, it is crucial to prioritize the needs and interests of children. Protecting children’s data privacy will not only secure their online experiences but also foster responsible digital citizenship from an early age

Also read:

[Sureshot]Digital Personal Data Protection (DPDP) Bill, 2022

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