Minors must get parental consent for social media: Centre's draft rules

The Government of India has introduced draft regulations under the Digital Personal Data Protection Act, 2023, which require individuals under 18 to obtain parental approval before creating social media accounts. The Ministry of Electronics and Information Technology (MeitY) published these proposed rules on January 3, inviting the public to submit comments and concerns through the MyGov.in platform. The deadline for feedback is February 18, 2025.

The rules aim to enhance the protection of personal data, particularly for children and individuals with disabilities under legal guardianship. Data fiduciaries—organizations responsible for handling personal data—must obtain parental consent prior to processing any data related to minors. To ensure the legitimacy of this consent, organizations will be required to verify it using government-issued identification or digital identity tokens, such as those associated with Digital Lockers. However, some exemptions may apply to educational institutions and child welfare organizations.

In addition to focusing on minors’ data, the draft regulations propose increased consumer rights, such as the ability for users to request the deletion of their data and demand transparency about how their information is being collected. The penalties for non-compliance could be severe, with potential fines reaching up to Rs 250 crore for violations.

The draft also includes specific guidelines for various types of digital intermediaries, such as e-commerce platforms, online gaming services, and social media networks. Social media platforms are defined as services that facilitate user interaction, including sharing and modifying content.

To ensure these rules are enforced, the government plans to establish a Data Protection Board. This digital regulatory body will handle remote hearings, investigate breaches, and impose penalties on organizations that fail to comply. It will also manage consent managers, entities responsible for overseeing data permissions. Consent managers must register with the Board and maintain a net worth of at least Rs 12 crore.

With these comprehensive measures, the government aims to reinforce data protection for vulnerable groups, ensure greater accountability among data fiduciaries, and provide transparency in data usage.