Ch IPreliminary
S.1 Short title and commencementS.2 DefinitionsS.3 Application and scopeCh IIObligations of Data Fiduciary
S.4 Grounds for processingS.5 NoticeS.6 ConsentS.7 Certain legitimate usesS.8 Data Fiduciary obligationsS.9 Children’s dataS.10 Significant Data FiduciaryCh IIIRights and duties of Data Principal
S.11 Right to accessS.12 Correction and erasureS.13 Grievance redressalS.14 Right to nominateS.15 Duties of the Data PrincipalCh IVSpecial provisions
S.16 Transfer outside IndiaS.17 ExemptionsCh VData Protection Board of India
S.18 Establishment of the BoardS.19 Composition of the BoardS.20 Salary and term of officeS.21 DisqualificationsS.22 Resignation and vacanciesS.23 Proceedings of the BoardS.24 Officers and employeesS.25 Members as public servantsS.26 Powers of the ChairpersonCh VIBoard powers and procedure
S.27 Powers and functions of the BoardS.28 Procedure followed by the BoardCh VIIAppeal and dispute resolution
S.29 Appeal to the Appellate TribunalS.30 Tribunal orders as a decreeS.31 Alternate dispute resolutionS.32 Voluntary undertakingCh VIIIPenalties
S.33 Penalties and the ScheduleS.34 Penalties to Consolidated FundCh IXMiscellaneous
S.35 Good-faith protectionS.36 Power to call for informationS.37 Blocking of accessS.38 Consistency with other lawsS.39 Bar of jurisdictionS.40 Power to make rulesS.41 Laying of rules before ParliamentS.42 Power to amend the ScheduleS.43 Power to remove difficultiesS.44 Amendments to other ActsConcept
Under the DPDP Act a child is anyone who has not completed 18 years of age. Processing their data carries extra safeguards.
TL;DR
Under the DPDP Act (Section 2(f)) a child is anyone who has not completed 18 years of age, a higher threshold than many global regimes. Processing a child's data needs verifiable parental consent, and tracking, behavioural monitoring and targeted advertising aimed at children are banned (Section 9).
"child" means an individual who has not completed the age of eighteen years.
The Act sets the threshold at 18, higher than many global regimes. Any individual below that age is a child for its purposes.
Because children need protection, Section 9 requires verifiable parental consent and bans tracking, behavioural monitoring and targeted advertising directed at them.
A learning app used by a 15-year-old must obtain verifiable consent from a parent before processing the child's data.
What age is a child under the Act?
Anyone who has not completed 18 years of age.
Do children have separate rights?
Their data carries extra protections under Section 9, and a parent or guardian acts as the Data Principal.
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