Age of Consent for Data Protection

15 Jul 2023

data

Central Idea

Empowering the Central Government: The upcoming data protection Bill in India could grant the Centre the authority to lower the age of consent from 18 for accessing Internet services without parental oversight.
Exemptions for Certain Companies: The Bill may exempt specific companies from additional obligations in protecting children’s privacy if they can process data in a “verifiably safe” manner.

Data Protection Bill approved by Cabinet: Content, concerns

Departure from Previous Bill: This marks a departure from the previous data protection Bill, where the age threshold was hard-coded at 18 years.
Aligning with global laws: The change aligns with data protection regulations in the Western world, such as the EU and US.

Justice BN Srikrishna Committee Report: The committee’s 2018 report recommended seeking parental consent for individuals under 18 years but suggested that the age of consent could be reduced if amendments were made.
Personal Data Protection Bill, 2019: The PDP Bill, 2019 retained the recommendation and defined a child as an individual under the age of 18.
Joint Committee of Parliament Recommendations: The Joint Committee proposed reducing the age of consent to 13/14/16 years in its final recommendations in late 2021.
Digital Personal Data Protection Bill, 2022: The draft Bill defined children as those under 18 years of age, leading to dissatisfaction among social media companies.
Final Change: The data protection Bill headed to Parliament’s Monsoon session reportedly changed the definition of a child to an individual who has not completed the age of eighteen years or a lower age notified by the Central Government.

EU’s General Data Protection Regulation (GDPR): The age of consent is set at 16 but allows member states to lower it to as low as 13. Specific protections for children’s personal data exist.
USA’s Children’s Online Privacy Protection Act (COPPA): Children are defined as under 13 years, and parental consent is required for processing their personal data.
Australia’s Privacy Act, 1988: The Act protects personal information regardless of age but requires organizations to assess an individual’s capacity to consent on a case-by-case basis.
China’s Personal Information Protection Law (PIPL): Entities handling personal data of individuals under 14 years must obtain parental consent, and children’s data is categorized as sensitive.

Lowering the age of consent in India’s data protection Bill reflects global trends seen in data protection regulations.
Countries have different age thresholds for defining children and varying requirements for obtaining parental consent.
The final change in the Bill represents a series of discussions and deliberations on determining the age of children in India’s data protection law, addressing concerns of industry stakeholders and aligning with international standards.

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