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 ActsObligation
Processing children's data carries special duties: verifiable parental consent, no processing harmful to the child, and no tracking, behavioural monitoring or targeted advertising directed at children.
TL;DR
Processing children's data (Section 9) carries a strict regime: verifiable parental consent before processing, no processing that harms a child's well-being, and no tracking, behavioural monitoring or targeted advertising directed at children. The government may relax some parts for notified classes or purposes.
A Data Fiduciary shall obtain verifiable consent of the parent before processing a child's personal data, shall not undertake processing likely to cause any detrimental effect on the well-being of a child, and shall not undertake tracking or behavioural monitoring of children or targeted advertising directed at children.
Section 9 sets a strict regime for anyone under 18. Before processing, the fiduciary must obtain verifiable parental consent.
It also bans processing likely to harm a child's well-being, and bans tracking, behavioural monitoring and targeted advertising aimed at children. The government may relax some parts for notified classes or purposes.
An ed-tech app cannot serve targeted ads to a 14-year-old or profile their behaviour, and needs verifiable parental consent to process their data.
Is targeted advertising to children allowed?
No. Section 9 bans targeted advertising directed at children, subject to any notified exceptions.
What penalty applies?
Breach of the children's obligations may attract a penalty that may extend to two hundred crore rupees.
Consultant-led and partner-backed.