Rule 10

Verifiable Consent for processing personal data of child or person with disability who has lawful guardian

U/S 9(1)

No Description
(1) A Data Fiduciary, while obtaining verifiable consent from an individual identifying herself as the parent of a child for the processing of personal data of such child, shall observe due diligence to confirm that such individual is not a child and to reliably identify such individual providing the consent in case her identification is required in the interest of prevention, detection, investigation of prosecution of any offence or contravention of any law for the time being in force in India, by,-
  (a)reference to reliable details of identity and age available with the data fiduciary or collected by her with the consent of such individual; or
  (b)the use of a token in electronic form, mapped to the identity and age details of such individual and voluntarily provided by her , which has been generated by
(i)an entity entrusted or permitted by law or by the Central Government or a State Government with the maintenance of the details of the identity and age of individuals
(ii) any person who is appointed or authorized by such entity, is duly permitted to access such details, and generation of such token by whom would not be inconsistent with any requirement under law or the terms and conditions of license or agreement governing her appointment or authorization; or
(iii) digital locker service provider.
   
(2) A Data Fiduciary, while obtaining verifiable consent from an individual identifying herself as the lawful guardian of a person with disability in respect of whom such guardian is appointed, shall observe due diligence to ensure that such appointment has been duly made, is currently valid and such guardianship extends to providing of the consent sought, having regard to law applicable to guardianship in respect of such individual
   
(3) In this rule, the expression---
  (a)"electronic form" shall have the meaning assigned to it in the Information Technology Act (2000) 21 of 2000; and
  (b) "law applicable to guardianship" includes the Rights of Persons with disabilities Act 2016 (49 of 2016) and National Trust for the welfare of Persons with Autism, cerebral Palsy, Mental retardation and Multiple disabilities act 1999 (44 of 1999)