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
Verifiable consent is the parental or guardian consent a Data Fiduciary must obtain, in a verifiable way, before processing a child's or protected person's data.
TL;DR
Verifiable consent (Section 9(1)) is the parental or guardian consent a Data Fiduciary must obtain, in a verifiable way, before processing the data of a child or of a protected person with a lawful guardian. The Rules set out how that verification must work, so a self-declared age is not enough.
The Data Fiduciary shall, before processing any personal data of a child or a person with disability who has a lawful guardian obtain verifiable consent of the parent of such child or the lawful guardian, as the case may be, in such manner as may be prescribed.
For children and for persons with disability who have a lawful guardian, ordinary consent is not enough. The fiduciary must obtain verifiable consent from the parent or guardian.
The Rules set out how that verification must work in practice, so a service cannot simply take a self-declared age at face value.
Before a gaming app processes a 12-year-old's data, it must obtain and verify a parent's consent.
Whose consent is needed for a child?
The parent's, or the lawful guardian's, obtained in a verifiable manner.
Does self-declared age satisfy the Act?
No. The consent must be verifiable, as prescribed in the Rules.
Consultant-led and partner-backed.