Section 9 Processing of personal data of children
9. (1) The Data FiduciaryDefined in section 2(i): Data Fiduciary means any person who alone or in conjunction with other persons determines the purpose and means of processing of personal data shall, before processingDefined in section 2(x): processing in relation to personal data, means a wholly or partly automated operation or set of operations performed on digital personal data, and includes operations such as collection, recording, organisation, structuring, storage, adaptation, retrieval, use, alignment or combination, indexing, sharing, disclosure... any personal dataDefined in section 2(t): personal data means any data about an individual who is identifiable by or in relation to such data of a childDefined in section 2(f): child means an individual who has not completed the age of eighteen years or a personDefined in section 2(s): person includes (i) an individual; (ii) a Hindu undivided family; (iii) a company; (iv) a firm; (v) an association of persons or a body of individuals, whether incorporated or not; (vi) the State; and (vii) every artificial juristic person, not falling within any of the preceding sub clauses with disability who has a lawful guardian obtain verifiable consent of the parent of such childDefined in section 2(f): child means an individual who has not completed the age of eighteen years or the lawful guardian, as the case may be, in such manner as may be prescribedDefined in section 2(v): prescribed means prescribed by rules made under this Act.
Explanation.-For the purpose of this sub-section, the expression "consent of the parent" includes the consent of lawful guardian, wherever applicable.
(2) A Data FiduciaryDefined in section 2(i): Data Fiduciary means any person who alone or in conjunction with other persons determines the purpose and means of processing of personal data shall not undertake such processingDefined in section 2(x): processing in relation to personal data, means a wholly or partly automated operation or set of operations performed on digital personal data, and includes operations such as collection, recording, organisation, structuring, storage, adaptation, retrieval, use, alignment or combination, indexing, sharing, disclosure... of personal dataDefined in section 2(t): personal data means any data about an individual who is identifiable by or in relation to such data that is likely to cause any detrimental effect on the well-being of a childDefined in section 2(f): child means an individual who has not completed the age of eighteen years.
(3) A Data FiduciaryDefined in section 2(i): Data Fiduciary means any person who alone or in conjunction with other persons determines the purpose and means of processing of personal data shall not undertake tracking or behavioural monitoring of children or targeted advertising directed at children.
(4) The provisions of sub-sections (1) and (3) shall not be applicable to processingDefined in section 2(x): processing in relation to personal data, means a wholly or partly automated operation or set of operations performed on digital personal data, and includes operations such as collection, recording, organisation, structuring, storage, adaptation, retrieval, use, alignment or combination, indexing, sharing, disclosure... of personal dataDefined in section 2(t): personal data means any data about an individual who is identifiable by or in relation to such data of a childDefined in section 2(f): child means an individual who has not completed the age of eighteen years by such classes of DataDefined in section 2(h): data means a representation of information, facts, concepts, opinions or instructions in a manner suitable for communication, interpretation or processing by human beings or by automated means Fiduciaries or for such purposes, and subject to such conditions, as may be prescribedDefined in section 2(v): prescribed means prescribed by rules made under this Act.
(5) The Central Government may, if satisfied that a Data FiduciaryDefined in section 2(i): Data Fiduciary means any person who alone or in conjunction with other persons determines the purpose and means of processing of personal data has ensured that its processingDefined in section 2(x): processing in relation to personal data, means a wholly or partly automated operation or set of operations performed on digital personal data, and includes operations such as collection, recording, organisation, structuring, storage, adaptation, retrieval, use, alignment or combination, indexing, sharing, disclosure... of personal dataDefined in section 2(t): personal data means any data about an individual who is identifiable by or in relation to such data of children is done in a manner that is verifiably safe, notify for such processingDefined in section 2(x): processing in relation to personal data, means a wholly or partly automated operation or set of operations performed on digital personal data, and includes operations such as collection, recording, organisation, structuring, storage, adaptation, retrieval, use, alignment or combination, indexing, sharing, disclosure... by such Data FiduciaryDefined in section 2(i): Data Fiduciary means any person who alone or in conjunction with other persons determines the purpose and means of processing of personal data the age above which that Data FiduciaryDefined in section 2(i): Data Fiduciary means any person who alone or in conjunction with other persons determines the purpose and means of processing of personal data shall be exempt from the applicability of all or any of the obligations under sub-sections (1) and (3) in respect of processingDefined in section 2(x): processing in relation to personal data, means a wholly or partly automated operation or set of operations performed on digital personal data, and includes operations such as collection, recording, organisation, structuring, storage, adaptation, retrieval, use, alignment or combination, indexing, sharing, disclosure... by that Data FiduciaryDefined in section 2(i): Data Fiduciary means any person who alone or in conjunction with other persons determines the purpose and means of processing of personal data as the notificationDefined in section 2(r): notification means a notification published in the Official Gazette and the expressions notify and notified shall be construed accordingly may specify