The new draft of the Digital Personal Data Protection Bill, 2022, which was released by the Ministry of Electronics and Information Technology (MeitY) on November 18, has raised concerns among various stakeholders in the digital economy, especially in the sectors of edtech, gaming and social media.
One of the contentious issues is the requirement of age verification and parental consent for processing personal data of children. The Bill defines a child as anyone below the age of 18 years, and mandates that data fiduciaries (entities that collect or process personal data) must verify the age of every user and obtain consent from a parent or guardian before processing any personal data of a child. This applies to all online services that are likely to be accessed by children, such as edtech platforms, gaming apps and social media sites.
The stakeholders in these sectors have argued that this requirement is impractical, burdensome and detrimental to their business models. They have pointed out that verifying the age of every user would entail collecting more personal data, such as identity documents or biometrics, which would increase the risk of data breaches and privacy violations. Moreover, obtaining parental consent would be difficult or impossible in many cases, such as when parents are not available, not literate or not tech-savvy. This would exclude many children from accessing online services that are beneficial for their education, entertainment or socialisation.
The stakeholders have also questioned the rationale behind setting the age threshold at 18 years, which is higher than the global average of 13-16 years. They have argued that this does not reflect the reality and diversity of Indian society, where many children are mature enough to make their own decisions regarding their online activities. They have suggested that the age threshold should be lowered or made flexible depending on the nature and purpose of the online service.
Another issue that has sparked debate is the exemption granted to the central government and its agencies from complying with some of the provisions of the Bill. The Bill empowers the central government to exempt any agency from obtaining consent or following other obligations under the Bill for certain purposes, such as national security, public order or friendly relations with foreign states. The Bill also allows the central government to exempt any class of personal data from being transferred outside India for certain purposes.
The stakeholders have expressed concern that these exemptions are too broad and vague, and could be misused to infringe on the privacy and rights of individuals. They have argued that there should be more checks and balances on the exercise of these powers by the central government, such as judicial oversight, parliamentary scrutiny or independent audit. They have also suggested that there should be more transparency and accountability on how these exemptions are granted and used by the government agencies.
The Bill is currently open for public consultation until December 18, 2022. The MeitY has invited comments and suggestions from all interested parties on various aspects of the Bill. The Bill is expected to be tabled in Parliament in the next session after incorporating the feedback received from the public. The Bill is a much-awaited and much-needed legislation that will replace the current outdated and ineffective data protection regime in India. However, it also needs to strike a balance between protecting privacy and promoting innovation in the digital economy.
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| Picture source: socialmediamatters.in |
The Bill aims to regulate the collection, processing and transfer of personal data of individuals in India, and to protect their privacy and rights. However, some of the provisions in the Bill have been criticised as being vague, restrictive or overreaching.
One of the contentious issues is the requirement of age verification and parental consent for processing personal data of children. The Bill defines a child as anyone below the age of 18 years, and mandates that data fiduciaries (entities that collect or process personal data) must verify the age of every user and obtain consent from a parent or guardian before processing any personal data of a child. This applies to all online services that are likely to be accessed by children, such as edtech platforms, gaming apps and social media sites.
The stakeholders in these sectors have argued that this requirement is impractical, burdensome and detrimental to their business models. They have pointed out that verifying the age of every user would entail collecting more personal data, such as identity documents or biometrics, which would increase the risk of data breaches and privacy violations. Moreover, obtaining parental consent would be difficult or impossible in many cases, such as when parents are not available, not literate or not tech-savvy. This would exclude many children from accessing online services that are beneficial for their education, entertainment or socialisation.
The stakeholders have also questioned the rationale behind setting the age threshold at 18 years, which is higher than the global average of 13-16 years. They have argued that this does not reflect the reality and diversity of Indian society, where many children are mature enough to make their own decisions regarding their online activities. They have suggested that the age threshold should be lowered or made flexible depending on the nature and purpose of the online service.
Another issue that has sparked debate is the exemption granted to the central government and its agencies from complying with some of the provisions of the Bill. The Bill empowers the central government to exempt any agency from obtaining consent or following other obligations under the Bill for certain purposes, such as national security, public order or friendly relations with foreign states. The Bill also allows the central government to exempt any class of personal data from being transferred outside India for certain purposes.
The stakeholders have expressed concern that these exemptions are too broad and vague, and could be misused to infringe on the privacy and rights of individuals. They have argued that there should be more checks and balances on the exercise of these powers by the central government, such as judicial oversight, parliamentary scrutiny or independent audit. They have also suggested that there should be more transparency and accountability on how these exemptions are granted and used by the government agencies.
The Bill is currently open for public consultation until December 18, 2022. The MeitY has invited comments and suggestions from all interested parties on various aspects of the Bill. The Bill is expected to be tabled in Parliament in the next session after incorporating the feedback received from the public. The Bill is a much-awaited and much-needed legislation that will replace the current outdated and ineffective data protection regime in India. However, it also needs to strike a balance between protecting privacy and promoting innovation in the digital economy.
Source: economictimes.indiatimes.com
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