Rule 11
11. Exemptions from certain obligations applicable to processing of personal data of child.—
(1) The provisions of sub-sections (1) and (3) of section 9 of the Act shall not be applicable to processing of personal data of a child by such class of Data Fiduciaries as are specified in Part A of Fourth Schedule, subject to such conditions as are specified in the said Part.
(2) The provisions of sub-sections (1) and (3) of section 9 of
the Act shall not be applicable to processing of personal data of a child for
such purposes as are specified in Part B of Fourth Schedule, subject to such
conditions as are specified in the said Part.
Fourth Schedule : Classes of Data Fiduciaries in respect of whom provisions of sub-sections (1) and (3) of section 9 shall not apply
[9 (1) The Data Fiduciary shall, before processing any personal data of a child or a person with disability who has a lawful guardian obtain verifiable consent of the parent of such child or the lawful guardian, as the case may be, in such manner as may be prescribed. Explanation.—For the purpose of this sub-section, the expression “consent of the parent” includes the consent of lawful guardian, wherever applicable.
9 (3) A Data Fiduciary shall not undertake tracking or behavioural monitoring of children or targeted advertising directed at children.
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S. |
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|
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(1) |
(2) |
(3) |
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1. |
A Data Fiduciary
who is
a clinical establishment,
mental
health
establishment
or healthcare
professional |
Processing
is
restricted
to provision
of
health
services
to
the child
by such
establishment
or
professional,
to the
extent
necessary
for
the
protection
of her
health. |
|
2. |
A Data Fiduciary
who
is
an
allied healthcare
professional |
Processing
is
restricted
to |
|
3. |
A Data Fiduciary
who is
an
educational
institution |
Processing
is restricted
to tracking
and
behavioural
monitoring—
(a) for
the
educational
activities of such
institution;
or
(b) in
the
interests
of
safety
of
children
enrolled
with
such
institution. |
|
4. |
A Data
Fiduciary
who is
an
individual
in whose
care
infants
and children
in a crèche
or
child
day care centre
are
entrusted |
Processing
is restricted
to tracking |
|
5. |
A Data
Fiduciary
who is
engaged
by
an educational
institution,
crèche
or
child
care centre
for
transport
of
children
enrolled with
such institution,
crèche
or centre |
Processing
is restricted
to tracking |
S.No.
(1)
(2)
(3)
1.
For
the
exercise
of
any
power, performance
of
any
function
or
discharge
of
any
duties
in the
interests
of
a
child,
under
any
law
for
the
time
being
in
force in
India
Processing
is
restricted
to
the
extent
necessary
for
such
exercise,
performance
or discharge.
2.
For the
providing
or issuing
of
any subsidy,
benefit,
service,
certificate,
licence
or
permit,
by
whatever
name
called,
under
law
or
policy
or
using
public
funds,
in the
interests
of
a child,
under
clause (b) of
section
7 of
the
Act
Processing
is restricted
to the
extent
necessary
for
such
provision
or issuance.
3.
For the
creation
of
a
user
account
for
communicating
by
email
Processing
is
restricted
to
the
4.
For ensuring
that
information
likely
to cause any
detrimental
effect
on
the
well-
being of
a child
is
not
accessible
to
her
Processing
is
restricted
to
the
extent
necessary
to ensure
that
such information
is
not
accessible to the
child.
5.
For confirmation
by
the
Data
Fiduciary
that the
Data
Principal
is
not
a child
and
observance
of
due
diligence
under
rule
Processing
is
restricted
to
the