Active Stocks
Mon Apr 15 2024 15:04:16
  1. Tata Steel share price
  2. 160.65 -1.74%
  1. ITC share price
  2. 426.15 -0.92%
  1. NTPC share price
  2. 360.85 -0.22%
  1. State Bank Of India share price
  2. 756.75 -1.30%
  1. Infosys share price
  2. 1,469.00 -1.08%
Business News/ Technology / News/  Streaming platforms may face challenges with children’s data in new Bill
BackBack

Streaming platforms may face challenges with children’s data in new Bill

According to the draft bill, which will be tabled in the Parliament in July-August 2023, OTT platforms must not track or carry out behavioural monitoring of children or promote advertising targeted at them.

Experts have rased red flags on the requirements for processing a child’s personal data, wherein platforms will have to obtain verifiable parental consent, including the consent of lawful guardians. (Photo: iStock)Premium
Experts have rased red flags on the requirements for processing a child’s personal data, wherein platforms will have to obtain verifiable parental consent, including the consent of lawful guardians. (Photo: iStock)

NEW DELHI : Over -the-top video streaming platforms may be in for some challenges with the new Digital Personal Data Protection Bill, 2022, proposing specific requirements to process children’s personal data.

According to the draft bill, which will be tabled in the Parliament in July-August 2023, OTT platforms must not track or carry out behavioural monitoring of children or promote advertising targeted at them.

However, experts said that complying with the new rules might be counter-productive, especially on parental consent, or ensuring that it is not a child masquerading as an adult, and may lead to children accessing inappropriate programming.

“If there is no tracking or monitoring of a child’s behaviour, children may be exposed to all kinds of content and may end up watching programmes or advertising not even meant for them, making the process counter-productive," Supratim Chakraborty, partner at legal firm Khaitan & Co, said.

Besides, platforms will have to factor in costs related to the IT and security framework and compliance, manpower as well as educating consumers on the safety of personal data. Smaller players will also have to establish robust governance framework, industry insiders said.

Experts have rased red flags on the requirements for processing a child’s personal data, wherein platforms will have to obtain verifiable parental consent, including the consent of lawful guardians.

“It is entirely possible that a child is logging in himself or herself to watch a programme as per their liking," said Gowree Gokhale, a partner at Nishith Desai Associates, who leads the IP, technology, media and entertainment law practice.

But, considering that a lot of platforms require just a mobile number to log in, it may be difficult to track user behaviour, whether it is a child or not, said Akshay Bardapurkar, founder of Planet Marathi.

Netflix, Prime Video, Amazon and Disney+Hotstar did not respond to Mint’s queries on the possible implications of the proposed law.

The other ambiguity arises from the fact that while there is a financial penalty for non-compliance with the provisions, it doesn’t come with criminal liability, Vinay Butani, partner at Economic Laws Practice, said.

To be fair, the draft bill has also simplified the data protection framework compared to previous iterations up to a certain extent and OTT platforms following global practices, may not find it very challenging to comply with the proposed law, but may increase the compliance requirements for most businesses, Shahana Chatterji, partner, Shardul Amarchand Mangaldas & Co, said.

“OTT platforms may be able to meet obligations without having to significantly alter their internal data protection practices. Those that operate across jurisdictions are likely to already have strong internal data protection practices meeting global standards, including appropriate notice and consent-related mechanisms."

“OTT platforms may release revised T&C (terms and conditions) on monitoring as well as a redressal response mechanism and establish robust governance framework," Chandrashekhar Mantha, partner, Deloitte India, said.

However, some key provisions envisage that enterprises will have to create internal processes and a structured framework to ensure compliance.

Basic requirements include, for example, giving a notice to the users on the type of personal data intended to be collected and the purpose of processing such data.

Unlock a world of Benefits! From insightful newsletters to real-time stock tracking, breaking news and a personalized newsfeed – it's all here, just a click away! Login Now!

ABOUT THE AUTHOR
Lata Jha
Lata writes about the media and entertainment industry for Mint, focusing on everything from traditional film and TV to newer areas like video and audio streaming, including the business and regulatory aspects of both. She loves movies and spends a lot of her free time in theatres, which makes her job both fun and a bit of a challenge given that entertainment news often just talks about the glamorous side of things. Lata, on the other hand, tries to find and report on themes and trends in the entertainment world that most people don't notice, even though a lot of people in her country are really into movies. She’s a graduate of the Columbia School of Journalism.
Catch all the Technology News and Updates on Live Mint. Download The Mint News App to get Daily Market Updates & Live Business News.
More Less
Published: 19 Dec 2022, 09:09 PM IST
Next Story footLogo
Recommended For You
Switch to the Mint app for fast and personalized news - Get App