Parental consent MUST for children below 18 to open social media accounts: Centre in draft rules

The Centre has proposed draft rules under the Digital Data Protection Act, 2023, making parental consent mandatory for children to open social media accounts.

Children under the age of 18 will soon need parental consent to open social media accounts, according to draft rules under the Digital Personal Data Protection Act, 2023, released by the Ministry of Electronics and Information Technology (MeitY) on Friday.

The proposed rules aim to bolster the protection of children’s personal data and ensure stricter accountability for data fiduciaries—entities responsible for handling personal data. Parents or guardians must provide verifiable consent, which can be authenticated using government-issued IDs or digital identity tokens linked to Digital Lockers.

The rules also propose exemptions for educational institutions and child welfare organisations to avoid operational burdens while addressing children’s needs.

Focus on Enhanced Data Protection

Beyond safeguarding children’s data, the draft rules highlight consumer rights, enabling users to demand data deletion and transparency about data collection purposes. Entities failing to comply may face penalties of up to Rs 250 crore, ensuring accountability among data fiduciaries.

Critical digital intermediaries, such as e-commerce platforms, online gaming companies, and social media networks, are defined within the draft, with specific guidelines tailored to their operations. Social media intermediaries are described as platforms enabling user interactions and information sharing.

Data Protection Board to Oversee Compliance

To enforce the rules, the government plans to establish a fully digital Data Protection Board. This body will conduct remote hearings, investigate breaches, impose penalties, and register consent managers—entities tasked with managing data permissions. Consent managers must register with the Board and maintain a minimum net worth of Rs 12 crore.

Public Consultation and Next Steps

MeitY has invited objections and suggestions from the public through its citizen engagement platform, MyGov.in. Feedback will be considered after February 18, 2025.