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The executive rules under the Digital Personal Data Protection (DPDP) Act are likely to prescribe a set of larger umbrella guidelines and guiding frameworks for companies on consent management instead of issuing exact rules, according to people with knowledge of the matter. The rules are also likely to prescribe the use of a government-issued identity card-based age and consent management verification for now while leaving the scope for companies to develop their in-house age-verification systems, they said. “There will be broad prescriptions on the norms that institutions must follow while following parental consent guidelines, along with the different types of identity cards that can be used,” said one of the persons, who did not wish to be identified.
This is essential to ensure there is no business disruption for smaller entities while also ensuring that they follow the rules prescribed by the Act, according to the person. “The rules will need to be followed even by smaller organisations like schools and in some cases universities which deal with a lot of children’s data. These organisations may not always be willing to spend a lot to build a large infrastructure for consent management,” the person said.
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In July, the electronics and information technology ministry held meetings with stakeholders including social media intermediaries and internet companies on how verifiable parental consent could be obtained. Some of the social media intermediaries and internet companies had sought clarifications from the government on whether they would be allowed to track children’s activity for advertisement purposes, people privy to the information had then told ET. Section 9 of the DPDP Act bars behavioural tracking of children on digital platforms and disallows targeted advertising for users below 18.
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