India’s Digital Data Protection Act protects Children

Dr Biju Dharmapalan
The digital age has revolutionised every aspect of our lives, from education to entertainment. While the virtual world offers unparalleled opportunities for growth, learning, and connectivity, it also carries inherent risks, especially for vulnerable groups like children. The Indian government has taken a significant step toward safeguarding these young netizens with the introduction of the Digital Personal Data Protection Act, 2023. The accompanying Draft Rules, 2025, aim to shield children from the digital world’s pitfalls by enforcing stringent measures for handling their personal data.
Understanding the Risks
Children are the most susceptible demographic in the online ecosystem. Their curiosity and lack of understanding about the consequences of sharing personal information often make them prime targets for cyber exploitation. From identity theft to exposure to harmful content and behavioral profiling, the risks are extensive and multi-faceted.
Social media platforms, gaming apps, and even educational portals frequently collect data from minors, often without adequate safeguards. This data, if misused, can lead to breaches of privacy, financial exploitation, or even emotional and psychological harm. Recognising this, the Digital Personal Data Protection Rules, 2025, introduce a robust framework to mitigate these risks, focusing on parental consent, restricted data collection, and stringent content monitoring.
Verifiable Parental Consent
One of the most commendable provisions in the draft rules is the requirement for verifiable parental consent before processing children’s personal data. Platforms and services aimed at minors must now obtain explicit permission from parents or guardians before creating accounts or collecting information.
For instance, when a child wishes to register for an online learning platform or gaming app, parents will need to verify their identity and approve the data-sharing permissions. This provision ensures that control over a child’s online presence lies squarely with the parents, minimising the risks of predatory targeting and exploitation.
Such safeguards are particularly significant in preventing behavioral profiling, which can impact a child’s mental well-being long-term. Targeted advertising based on personal habits or preferences can manipulate young minds, shaping their choices and habits in ways they do not fully comprehend.
Safeguarding Data in Educational Institutions
Schools and allied institutions are pivotal in shaping a child’s future. However, they also depend heavily on data collection for administrative and educational purposes. Third-party agencies often carry out these tasks, leaving educational institutions with limited control over their activities. Recognising this, the draft rules limit the processing of children’s data in schools to essential activities. For example, tracking attendance, evaluating academic performance, and ensuring transport safety are permissible. However, we strictly prohibit collecting or storing excessive, irrelevant, or sensitive information. Schools are also encouraged to adopt stringent data security measures to prevent unauthorised access or misuse of sensitive student information. This ensures that while technology supports education, it does not compromise the privacy and safety of students.
The digital world can be a double-edged sword. While it offers educational resources and entertainment, it also exposes children to inappropriate or harmful content. The draft rules mandate that data fiduciaries implement measures to ensure children cannot access content that negatively affects their well-being. This includes filtering out materials related to violence, explicit content, and other age-inappropriate material.
Such provisions are critical in protecting the mental and emotional health of children, who are particularly susceptible to the influence of harmful digital stimuli. Moreover, they underscore the importance of collaboration between regulators and technology companies to create a safer online environment.
Shielding Children from Harmful Content
The internet, while a treasure trove of information, can also expose children to harmful and age-inappropriate content. The draft rules emphasise the role of data fiduciaries-entities responsible for handling personal data-in filtering out content that could adversely affect a child’s mental or emotional well-being.
Platforms must now implement mechanisms to restrict access to violent, explicit, or otherwise inappropriate material for minors. Creating a safer online space aims to foster a healthier digital environment for children, enabling them to explore the internet without undue risks.
Role of Consent Managers
A cornerstone of the proposed framework is the introduction of consent managers-intermediaries facilitating parental permissions management. These platforms will allow parents to give, monitor, and revoke consent for their child’s data usage in a transparent and user-friendly manner.
For instance, parents can use consent management platforms to review which apps or websites their child has access to and withdraw permissions if they find any platform violating privacy norms. These managers will also maintain detailed records of all consent transactions, enhancing accountability and transparency across the digital ecosystem.
Addressing Implementation Challenges
While the draft rules set a high standard for child data protection, their implementation is not without challenges. One major hurdle is verifying the identity of parents or guardians. Traditional methods may not suffice, requiring innovative solutions like integrating government-backed digital IDs (e.g., Aadhaar) into consent management systems.
Additionally, small and medium enterprises operating in the digital domain may find it challenging to comply with the technical and administrative requirements of the new rules. To address this, the government must provide clear guidelines, training, and support systems for businesses.
Building a Collaborative Digital Future
Protecting children in the digital age is not the sole responsibility of regulators. It requires collaboration between policymakers, technology companies, educators, and parents. Tech companies, for instance, must prioritise ethical design practices that align with child safety guidelines. Schools should educate students about online risks and responsible internet usage, while parents must stay informed and proactive about their child’s digital interactions.
The draft Digital Personal Data Protection Rules, 2025, mark a watershed moment in India’s journey toward a safer digital future for children. By addressing key vulnerabilities and empowering parents, these rules create a framework where children can benefit from technology without falling prey to its darker aspects.
As the digital landscape continues to evolve, the government must remain vigilant, updating policies and frameworks to address emerging threats. With concerted efforts with the stake holders -students, parents and teachers, India can become a global leader in child data protection, setting an example for other nations to follow. More than regulations, the present generation should be taught how to use the prophecies of the digital environment judiciously and sensibly.
(The author is the Dean-Academic Affairs, Garden City University, Bangalore and an adjunct faculty at the National Institute of Advanced Studies)