Abstract:
In the increasing prevalence of digital platform and in the rapid growth of technology bring in forth new challenges in the protection of digital personal data specially in the case of children’s privacy. Due to the vulnerable nature of children, there in an immediate need to protect them from harm and exploitation from the website operators and online service providers. The Indian government has enacted the Digital Personal Data Protection Act 2023, that contains provisions for the protection of the digital personal data of the citizens with special provision in it for children’s privacy. This research examines the effectiveness of the Digital Personal Data Protection Act 2023, and Information Technology Act 2000, that are implement in India for the protection of children’s privacy and the challenges face in the implementation and enforcement of the legal provisions, the research further analyses the role of judiciary in protecting the personal data of children by interpreting and enforcing the data protection laws, ensuring that violation of children’s privacy are addressed, it shed light on India’s legal provision for protection children’s privacy are in line with international standards like General Data protection Regulation (GDPR) and Children’s Online Privacy Protection Act (COPPA), the research conclude by providing useful insight for the protection of children’s privacy.
Keywords: Privacy, Digital Personal Data Protection Act 2023, Information Technology Act 2000, General Data protection Regulation (GDPR), Children’s Online Privacy Protection Act (COPPA), Personal Data Protection.
Introduction
The rapid growth in science and technology has led to numerous alterations in all areas of life and digital devices has become an important part of human life and in all sectors such as education, healthcare, communication etc[1]. This digital revolution has raised up concerns of privacy and security of minors[2].
Children are very much familiar with the use of computers, smart phones, social network that has become an integral part of their lives. The exploring nature of children with access to the digital devices has many opportunities, though these opportunities bring the risk of harm[3]. Lack of parental control is one of the main reasons for the negative use of internet by the children. These days children have started using social networking platforms. This exposes them to inappropriate content exploitation and misuse[4].
Vulnerability of children are one of the reasons that leads them to breaches of privacy due to limited knowledge of the digital risks. In India this issue has increased due to the expanding reach of internet, further accelerated by the rise in online activities during COVID-19 pandemic[5].To protect the children form theses harm and exploitation the Indian legislation has implemented the Informational Technology Act, 2000 and Digital Personal Data Protection Act, 2023 (DPDP) that address some aspects of data protection. The Digital Personal Data Protection Act, 2023 (DPDP) is an important legislation in India that aims in safeguarding the data and privacy by establishing rules and guidelines that the organisation must follow during processing the data[6].
Though the use of technology and internet has widened the learning scope of the children but the improper use can cause harm to children. It is important to include children in the expansion and application of polices. This can reduce the harm, as it leads to effective action of the plans that ensures that the policies are applicable to children. Thus, children become more resilient and less vulnerable to harm[7].
[1]Muhammad Bello Nawaila, SezerKanbul, and FezileOzdamli, ‘A Review on the Rights of Children in the Digital Age’ (2018) 94 Children and Youth Services Review 390
[2] Dr Naidu, ‘A Comparative Analysis of International Standards and Indian Legal Provisions on Children’s Privacy’ (2024)
[3]Muhammad Bello Nawaila, SezerKanbul, and FezileOzdamli, ‘A Review on the Rights of Children in the Digital Age’ (2018) 94 Children and Youth Services Review 390
[4] R Kesavamoorthy, ‘Legal Study on the Protection of Children in Social Network: Special Reference to Indian Law’ (2013) 15(1) IOSR Journal of Humanities and Social Science 16.
[5] UNICEF Nepal, ‘A Safer Digital World: Navigating Risks, Safeguarding Children – A Dialogue on Child Online Protection’ (UNICEF Nepal, Date) https://www.unicef.org/nepal/press-releases/safer-digital-world-navigating-risks-safeguarding-children accessed 26 December 2024.
[6]SreevalliSeetharamu, CN Lakshmi, Anisha Bhattacharya, and Dr BT, ‘Digital Data Protection Laws: A Review’ (2024) 11 International Journal of Scientific Research in Science, Engineering and Technology 64
[7] Muhammad Bello Nawaila, SezerKanbul, and FezileOzdamli, ‘A Review on the Rights of Children in the Digital Age’ (2018) 94 Children and Youth Services Review 390