Processing of Children's Data
The Mandate for Verifiable Parental Consent (DPDPA Section 9)
Legal Imperative: Safety and Protection
Verifiable Consent
Data Fiduciaries must obtain verifiable parental consent to process personal data of an individual under the age of eighteen (18) years, as defined by the Act.
The Consent Gating Mechanism
Establishing the Age of the Data Principal
Age Screening Requirement
Fiduciaries must implement an effective age-gating mechanism as the first interaction point for all relevant services to reasonably determine if the Data Principal is a child.
Verifiability Standard
Parental consent mechanisms must meet a higher technical standard to ensure verifiability, confirming the consent is provided by the parent or legal guardian.
Prohibited Activities and Data Minimization
Specific Restrictions Under the Act
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PROHIBITION:
Tracking: Fiduciaries must not track or monitor a child's behavior (Section 9(4)) nor engage in targeted advertising directed at children.
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RESTRICTED:
Detrimental Processing: Processing likely to cause detriment to a child's well-being is strictly prohibited, emphasizing the "best interests of the child" principle.
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MINIMIZE:
Data Minimization: Processing must be strictly limited to data necessary for providing the specific goods or services requested.
Risk-Based Accountability and Audit Trails
Ensuring Proactive Proof of Compliance
Mandatory Risk Assessment
A formal Data Protection Impact Assessment (DPIA) or equivalent risk evaluation is mandatory for all child data processing to proactively identify and mitigate severe harms.
Immutable Consent Audit
Maintain a complete, tamper-proof audit trail logging the time, method, and outcome of parental verification, consent grant, and all subsequent withdrawals.
Purpose Limitation: Retention and Eradication
Mandatory Data Destruction Triggers
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DESTRUCTION:
Fulfillment of Purpose: Data must be destroyed immediately upon the fulfillment of the specific purpose for which consent was taken, or upon parental withdrawal of consent.
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DEEMED EXIT:
Transition to Adulthood: When the child turns 18, consent is deemed withdrawn, triggering mandatory data deletion unless explicit fresh consent is obtained from the newly adult Data Principal.