Verifiable Parental Consent which is a mandatory requirement under the Children’s Online Privacy Protection Act (“COPPA”) of the United States and also included under the purview of India’s Digital Personal Data Protection Act, 2023 (“the Act”) ensures that the identity of the consenting parents are genuine and also that parents know what information of their children are shared with whom and to what extent, and for what purpose the data of their children is being collected.
Not just consent, but ‘verifiable’ consent ensures that legitimate ways are put in place to verify the identity of the parent/guardian in the first place, thereby adding another layer of security.
Verifiable parental consent can be achieved in several ways, including but not limited to:
- Verifying Government issued photo-ID proofs
- Asking specific questions which would be difficult for someone other than parents to know the answer of
- Implementing proper consent forms for record purposes
- Any other such reasonable methods at par with the caproate entity’s requirements.
Subsequently, it is important that the Data Fiduciary also provides a legitimate and well-detailed Notice to the parent prior to obtaining verifiable consent as the parents should be properly informed about how their children’s data will be collected, the purpose for such collection, how will it be stored, whether it will be subject to third-party transfers, etc.
To know more about the issues discussed above, feel free to connect at dataprivacy@amlegals.com or mridusha.guha@amlegals.com
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