Social Media Firms Express Concerns Over India’s Proposed Data Protection Rules

Social media intermediaries have voiced their apprehensions regarding India’s forthcoming Digital Personal Data Protection (DPDP) Act, particularly highlighting issues related to verifiable parental consent (VPC), behavioural tracking of children, and targeted advertisements.

According to executives familiar with the matter, companies such as Google, YouTube, Meta, X (formerly Twitter), and Snap are awaiting the finalization of the DPDP Act’s Rules, which are expected to govern data privacy and enforcement in India. These rules are crucial for determining how social media platforms can manage and process user data, especially concerning minors.

Under Section 9 of the DPDP Act, which came into effect last year, behavioural tracking of children on digital platforms is strictly prohibited. Executives argue that such tracking is essential for ensuring the effectiveness of safety features designed to protect young users from online risks.

“We are engaged with the Ministry of Electronics and Information Technology (MeitY) to find a balanced approach that safeguards privacy while allowing us to implement necessary safety measures,” one executive told ET.

Concerns have also been raised about the requirement for verifiable parental consent before processing a child’s data. Companies are seeking clarity on how this consent will be obtained, hoping that the Rules will specify third-party mechanisms for facilitating VPC to comply with regulatory requirements.

“In our assessment, the major challenges posed by the DPDP Act revolve around verifiable parental consent, behavioural monitoring restrictions, and the impact on targeted advertising,” stated another executive.

These issues, if not addressed satisfactorily in the forthcoming Rules, could potentially disrupt current safety protocols and operational practices on social media platforms operating in India.

The industry remains hopeful that the government will consider exemptions or alternative mechanisms to mitigate these challenges, similar to practices seen in other global regulatory frameworks like the European Union’s e-privacy directive.

Overall, social media firms are navigating a complex regulatory landscape as they prepare for the implementation of the DPDP Act, which aims to enhance data protection standards and accountability across digital platforms in India.