Rule 10
10. Verifiable consent for processing of personal data of
child
(1) A Data Fiduciary shall adopt appropriate
technical and organisational measures to ensure that verifiable consent of the
parent is obtained before the processing of any personal data of a child and
shall observe due diligence, for checking that the individual identifying
herself as the parent is an adult who is identifiable if required in connection
with compliance with any law for the time being in force in India, by reference
to—
(a) reliable details of identity and age of the individual available
with the Data Fiduciary; or
(b) details of identity and age, voluntarily
provided —
(i) by the individual; or
(ii) through a virtual token
mapped to such details, which is issued by an authorised entity.
(2) In
this rule, the expression—
(a) “adult” shall mean an individual who has
completed the age of eighteen years;
(b) “authorised entity" shall mean —
(i) an entity entrusted by law or by the Central
Government or by the State Government with the issuance of details of the
identity and age or a virtual token mapped to such details; or
(ii) a person
appointed or permitted by the entity specified under clause (i), for such
issuance, and also includes details of identity and age or token made available
and verified by a Digital Locker Service Provider;
(c) “Digital Locker service provider” shall mean such
intermediary, including a body corporate or an agency of the appropriate
Government, as may be notified by the Central Government, in accordance with the
rules made in this regard under the Information Technology Act, 2000 (21 of
2000);