Suggestions Part II – To Meity on Verifiable Consent

Verifiable consent ensures that individuals knowingly and explicitly agree to data processing, with proof of their authorization. It requires clear, affirmative action and the ability to authenticate the consent given. The Digital Personal Data Protection Act, 2023 (“DPDPA”), India’s comprehensive data protection law, places special emphasis on safeguarding the privacy and rights of children in the digital ecosystem. With the increasing use of digital platforms by children for learning, gaming, and social interactions, their personal data has become more susceptible to misuse, exploitation, and profiling. Recognising this, the DPDPA introduces stringent rules to regulate the collection, processing, and storage of children’s data, or data of persons with disability, including mandatory verifiable parental consent and restrictions on certain harmful practices. The Draft Digital Personal Data Protection Rules, 2025 (“Rules”) aim to operationalize the DPDPA and introduce significant provisions regarding verifiable consent. This concept is crucial as it establishes the framework for how personal data can be collected, processed, and shared, ensuring that individuals have control over their data. While the DPDPA and the Rules mark a significant step towards strengthening children’s data protection, challenges such as digital literacy, accessibility of verification methods, and enforcement mechanisms must be addressed.