- NHRC has issued a notice to MeitY over alleged lapses in protecting children’s data on digital platforms.
- A report flagged systemic violations, including tracking, profiling, and data sharing without proper safeguards.
- The commission has sought a detailed Action Taken Report within 15 days on compliance and enforcemen
The National Human Rights Commission (NHRC) has issued a notice to the Ministry of Electronics and Information Technology (MeitY) following a complaint alleging violations of the Digital Personal Data Protection Act (DPDP Act), particularly the absence of systems to track children's data transfers and grievance redressal mechanisms across major digital platforms.
NHRC has taken cognisance of a complaint from the Advanced Study Institute of Asia (ASIA), citing a research report revealing serious, large-scale, and systemic violations by digital, social media, ed-tech, and AI platforms widely accessed by children in India. NHRC has sought clarity on SIM card issuance to minors, highlighting the lack of clear data on registrations in children's names.
The report identifies a very high- to medium-risk exposure matrix across major platforms, including Instagram, ChatGPT, Grok, Perplexity AI, WhatsApp, Gemini, Claude, Canva, Microsoft Math Solver, Photomath, Khan Academy, and SATHEE, among others.
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As per the report's findings, these platforms are failing in their legal duties as data fiduciaries. By neglecting statutory obligations, they expose children to high risks, including profiling, surveillance, and exploitation, with some cases showing a 100% breakdown in compliance. Such entities, allegedly enabling continuous tracking of minors, lead to opaque and large-scale sharing of children's data with third parties, including analytics and AI systems, without informed authorisation points, the complaint stated.
Laws violated by Platforms
By following international 13+ age standards instead of Indian law, platforms leave children aged 13–18 years unprotected, leaving families without control over their digital safety. NHRC ordered MeitY to ensure immediate, time-bound enforcement of the Juvenile Justice (Care and Protection of Children) Act, 2015, the Protection of Children from Sexual Offences Act, 2012, the Right of Children to Free and Compulsory Education Act, 2009, the Information Technology Rules, 2021, the DPDP Act, 2023 and related child protection laws on all platforms concerned, and enforcement action against all non-compliant entities, including those identified in the report.
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NHRC Seeks Action Taken Report
On children's data protection, safety, and privacy, NHRC has asked for an Action Taken Report (ATR) within 15 days on:
- Platform-wise compliance status and identification of violations
- Action initiated/proposed against defaulting data fiduciaries
- Steps to eliminate behavioural tracking, profiling, and algorithmic manipulation of minors
- Mechanisms to ensure data erasure and transparency in data-sharing chains
- Regulatory oversight over third-party data processors and AI systems
- Compliance framework for government-supported platforms
- Timeline for enforcement, audit, and accountability mechanisms
The National Human Rights Commission (NHRC) serves as India's watchdog for the protection and promotion of fundamental liberties under Section 13 of the Protection of Human Rights Act, 1993.
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