The Indian government finally unveiled the much-awaited draft of the Digital Personal Data Protection Rules. It states that one of the significant provisions is, children under 18 years will have to take the consent of parents to open their social media account and published the draft for public consultation which would be considered while framing the final rules after February 18, 2025. No penalty has been prescribed for violating these rules.
These rules under the Digital Personal Data Protection Act have been opened for public comments. The government will finalize the rules that set out the responsibility of private and government agencies dealing with personal data.
The draft notification read, “Draft of rules proposed to be made by the central government in exercise of the powers conferred by sub-sections (1) and (2) of section 40 of the Digital Personal Data Protection Act, 2023 (22 of 2023), on or after the date of coming into force of the Act, are hereby published for the information of all persons likely to be affected thereby.”.
The draft rules cover consent processing, data processing entities, and the functioning of authorities under the Digital Data Protection Act, 2023. The notice adds, “notice is hereby given that the said draft rules shall be taken into consideration after 18th February, 2025.”
Big decision by GoI : Children below 18 years will require parents consent to make social media accounts..
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— Mr Sinha (@MrSinha_) January 3, 2025
Draft rules require entities to inform affected individuals about the nature of the breach, its consequences, and mitigation measures taken. Penalties have been discussed under the rules but it does not talk about penalties under the DPDP Act, 2023. As per the Act, penalties go as high as Rs 250 crore for data fiduciaries-the entities responsible for determining the purpose and means of processing personal data.
