PROTECTION OF MINORS
in-game datasets serves several purposes 13 . A study on digital profiling in online gaming revealed that even limited engagement led to over 2000 data transmissions to multiple third-parties, with operators recording over 180 attributes for each player. 14 In India, children are usually exposed to the same tracking and behavioural analytics tools as any other user, although restrictions under Indian law may nudge publishers to change the current approach. The DPDP Act imposes two key prohibitions: first, against behaviourally monitoring, tracking, or issuance of targeted ads to minors; and second, against undertaking any processing likely to cause any determinantal effect on a minor’s well-being. No prescriptive guidance has currently been provided on either of these. While certain exemptions linked to the processing-purposes are present, these remain narrow and an abundance of caution is recommended before invoking them. Notably, the DPDP Act specifies stricter obligations than comparative data privacy legislations. For example, while GDPR specifies that children’s personal data merits greater protection 15 , it merely grants them a right to not be subjected to a decision based exclusively on their profiling 16 . It does not codify other restrictions vis-à-vis behavioural monitoring for minors, as confirmed by Article 29 Data Protection Working Party 17 . Even the Information Commissioner’s Office clarified that the UK GDPR does not bar profiling of minors insofar as the obligations thereunder are satisfied 18 . Restrictions against tracking and profiling of minors may therefore be a unique challenge for game developers and publishers offering their products in India, one they have not already encountered elsewhere.
this situation. First, they can adopt ‘privacy-by-design’ in early stages of game development and analytics by assessing the risks associated with the processing of players’ data and by undertaking routine Data Protection Impact Assessments (DPIAs). This is likely to aid in the identification of risks posed to minors, especially on aspects such as their behavioural monitoring and tracking, both of which remain expressly prohibited under the DPDP Act. Second, once a player is identified to be a minor, features or aspects that are either prohibited under Indian laws or those that endanger their safety should be automatically disabled. For example, the profiling of in-game datasets (e.g., gameplay patterns, session duration, spending history etc.) for minors should be isolated from any analytics engines furthering personalisation or ad- targeting algorithms. Third, developers should assess the feasibility of neutral advertising frameworks as opposed to those that direct behavioural or interest-based ads to minors. Contextual ads tailored to the nature of content rather than players’ behavioural profile or datasets fed in ad-selection algorithms present a fair argument against non-compliance with the DPDP Act. Building child safety into game design Games generally come with age-appropriateness ratings. While regulated ratings like the International Age Rating Coalition (IARC) certify games with 3+, 7+, 12+, 16+, and 18+ ratings, the game version available to all eligible users is usually the same. A 13-year-old is hence exposed to the same UI, gameplay, mechanics, and monetisation models as an adult user, inviting rightful concerns around child safety and privacy. Loot boxes draw a fair share of regulatory and policy scrutiny in this regard. Today, more than 80 percent
Stakeholders could consider a couple approaches to navigate
13 Id 14 Jack McCarrigle et al., ‘Consent Banners, Dark Patterns, and GDPR Infringements in Online Gambling: Evidence from a Systematic Audit and Online Experiment’ (SSRN, 2026) 15 Recital 38 of GDPR 16 Article 22 of GDPR 17 Article 29 Data Protection Working Party. ‘Guidelines on Automated Individual Decision-Making and Profiling for the Purposes of Regulation 2016/679’ 18 Information Commissioner’s Office. “Children and the UK GDPR”.
IMGL MAGAZINE | SEPTEMBER 2026
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