ILN Data Privacy Paper

India

c)to ensure not to register a false or frivolous grievance or complaint with a Data Fiduciary or the Board; and d)to furnish only such information as is verifiably authentic, while exercising the right to correction or erasure. Processing of Children or Minors’ Data The DPDPA defines a ‘child’ as an “individual who has not completed the age of eighteen years”. As regards processing of personal data relating to children, the DPDPA provides that prior to processing any personal data of a child, the Data Fiduciary shall obtain verifiable consent of the parent of such child. The DPDPA further provides for the

following regards processing of personal data of a child: aspects as i. The Data Fiduciary shall not undertake such processing of personal data which is likely to cause detrimental effect on the well-being of a child. ii. The Data Fiduciary shall not undertake tracking or behavioural monitoring of children or targeted advertising directed at children. Regulatory Authorities 8.1. Overview of relevant statutory authorities The DPDPA provides for formation of the Data Protection Board of India (“Board”) which shall inter alia be responsible for adjudication of any complaints with respect to breach of any provisions of the statute. The Board shall consist of a chairperson and such other members as of the Central Government would specify. 8.2. Role, functions and powers of authorities Role, functions and powers of principal data regulation authority The DPDPA has prescribed that the Board shall have the following powers and functions:

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