DPDP Act FAQs
How does the Act treat children's data?
Strictly. A child means anyone under 18, with no graduated age scale, which is stricter than the GDPR's range of 13 to 16 depending on member state. Before processing a child's personal data, a Data Fiduciary must obtain verifiable consent from a parent or lawful guardian. Tracking, behavioural monitoring and targeted advertising directed at children are prohibited. Processing that is likely to cause any detrimental effect on the wellbeing of a child is also prohibited. Limited exemptions may be prescribed for specified purposes such as healthcare and education.
General information on Indian law, not legal advice. For advice on your situation, contact the firm.
Related questions
- Does the Act apply to employee data?
- What are the rules for patient and health data?
- Can personal data be used to train AI models?
- If I withdraw consent, is my data removed from an AI model that already learned from it?
- What is the Data Protection Board of India?
- What penalties can be imposed?
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