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<\/span><\/figcaption><\/figure>By Amar Patnaik<\/strong>

‘The history of childhood is a nightmare from which we have only recently begun to awaken’. This observation made by deMause, an investigator in psycho-histories in 2005 regarding traditions of child-rearing in different times and cultures, holds good for each age. He expounded that the evolution of child rearing gives insight into the development of a particular society. If this is the yardstick, what does that say about India’s development when a mechanism to ensure data privacy<\/a> of children<\/a> is absent, while their presence online is normalised through formal government approval due to COVID<\/a> induced physical meeting restrictions.

Enormity of the problem<\/strong>

As of 2019, the report of the Internet and Mobile Association of India noted that almost two-thirds of the internet users in India fall into the age brackets of 12-29 years. The report found that from a total number of 451 million monthly active internet users, over 66 million were in the age group of 5-11 years and 385 million were above the age of 12 years. The Puttaswamy Judgement in the year 2012 was categorical in stating that “Privacy of children will require special protection not just in the context of the virtual world, but also the real world”. Eight years down the line, we have only begun to scratch the surface.

The OECD in the year 2010 released a report titled “Typology of Risks Online”. These included three categories: Internet Technology Risks, Consumer Related Risks and Information Privacy and Security Risks. The grey area of Indian jurisprudence lies in mitigating the third risk which includes grave offences like targeted behavioural profiling, identity theft and intimidation of children online by misusing their personal data.

The Data Security Council of India noted that between the years 2016-2018. India had the second-highest number of cyber attacks. Two instances of a data breach in case of children set the stakes high and the alarm bells are ringing loud and fast. In September 2019, the personal data of 68,000 customers [mainly school-going children] of Vedantu was compromised and recently in May 2020, Unacademy reported that personal data of 22 million users has been compromised. The turning point in this discussion has now come in wake of the COVID-19 induced lockdowns. With education institutions shut, the best way to ensure continuity of education was bringing it online. Educational platforms like Byjus, Unacademy, Toppr, Edumarshal and the governments’ Diksha have been widely used along with platforms such as Google Meets and Zoom<\/a> to host virtual classrooms. So, the hitherto medium risks of harms to children have now multiplied several folds.

Current legal safeguards<\/strong>

The existing legislation that provides some degree of protection to children apart from the Juvenile Justice (Care and Protection) Act, 2015 is the Information Technology Act, 2000. These however do not entirely suffice. While the latter deals with the first and the second risk outlined by OECD, the former is only applicable to a select class of minors, i.e. a child in conflict with the law, a child victim, a child in need of care and child witnesses. The IT Act, when enacted in the year 2000, was done so as to “legally recognise electronic transactions and facilitate e-commerce.” Further, the scheme of the Act mostly creates offences of wrongful disclosure and misuse of personal data in specific cases. The requirement of “parental consent” and “differentiated policies for children of various age groups” is absent within the Act. Thus; the act is insufficient to counter risks posed to minors on the internet concerning their personal data.

What needs to be done?<\/strong>

The UNICEF and the OECD Council have released principles to govern policies of states for data protection<\/a>. The UNICEF in the “Principles on Children Online Privacy and Freedom of Expression” has urged States to create mechanisms in relation to the evolving capacities of minors. On similar lines, the OECD also propounds for age-appropriate policies. With the General Data Protection Regulation, 2018 (GDPR<\/a>) the EU urged members to have policies that require parental consent for those under the age of 13-16, along with safeguards such as “child-friendly language for notices” and prohibiting “sole decision making in use of children’s data”. The United Kingdom obligates web-based applications to minimise data collection from minors and switch location services off by default. Under the US Children’s Online Privacy Protection Act, 2000, the operators obtain consent from parents for the disclosure and use of personal information of minors. The South Korean “Cinderella Law” forbids users under the age of 16, to access certain websites between midnight and 6 am.

Unfortunately, India does not have such mechanisms to protect children from online threats. As the Personal Data Protection<\/a> Bill is pending in the Parliament<\/a>, in the meantime, the government must promulgate an ordinance or at least pass a regulation that guarantees some degree of safety to children. Recently, the Supreme Court<\/a> issued a notice to the Centre asking them to regulate minor’s access to social media. While the above is a step in the right direction, it is time policy-makers act fast and carefully, especially given the current escalation in virtual education. The nudge has already come in the form of the report of the ad-hoc committee of the Rajya Sabha to study “the alarming issue of pornography on social media and its effect on children and society as a whole” (January 2020) in which I was a member.

Amar Patnaik is a Member of Parliament, Rajya Sabha from Odisha. Views are personal.<\/strong><\/em>
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黑镜子决策者:观察数据保护未成年人

印度没有这样的机制来保护青少年免受网络威胁。随着个人数据保护法案在议会之前,与此同时,政府必须至少通过规定颁布一项法令,保证儿童某种程度的安全。

  • 更新2021年3月5日08:21点坚持
阅读: 100年行业专业人士
读者的形象读到100年行业专业人士
由阿玛Patnaik

童年的历史是一个噩梦,我们最近才开始唤醒的。这个观察由deMause,一名调查员在psycho-histories 2005年不同时期关于育儿的传统和文化,拥有适合每个年龄。他阐述了抚养孩子的发展一个特定社会的发展提供了一些见解。如果这是标准,这对印度的发展机制,确保数据的时候隐私的孩子们网上缺席,而他们的存在是通过正式的政府批准由于正常化吗COVID诱导的物理限制。

广告
问题的严重性

截至2019年,印度的互联网和移动协会的报告指出,近三分之二的印度互联网用户分为12年的年龄方括号。报告发现,从4.51亿年月度活跃互联网用户总数,超过6600万的第5 - 11群岁和3.85亿岁以上的12年。Puttaswamy判断2012年分类在声称“隐私的孩子需要特殊保护不仅在虚拟世界中,但也真实的世界”。八年过去了,我们只有开始刮伤表面。

经合组织在2010年发布了一份报告题为“网上类型学的风险”。其中包括三个类别:互联网技术风险,消费者隐私和安全相关的风险和信息风险。印度法律的灰色区域在于减轻第三风险包括严重的犯罪目标行为分析、身份盗窃和恐吓的儿童在线通过滥用他们的个人数据。

印度的数据安全委员会指出,2016 - 2018年之间。印度第二数量的网络攻击。的两个实例数据泄露的孩子设置风险高和警铃响响亮而快。2019年9月,68000用户的个人数据(主要是入学儿童)最近Vedantu妥协,2020年5月,Unacademy报道,2200万用户的个人数据被破坏。这个讨论的转折点已经进来后,COVID-19诱导封锁。与教育机构关闭,确保连续性教育的最好方法是给它在线。教育平台像Byjus Unacademy、Toppr Edumarshal和政府Diksha广泛使用谷歌等平台满足和变焦主机虚拟教室。所以迄今为止介质危害儿童的风险已经增加几折。

广告
当前的法律保障

现有的立法提供一定程度的保护孩子除了少年司法(保健和保护)法案,2015年信息技术法案》,2000年。这些但是不完全足够了。而后者处理第一个和第二个风险由经合组织概述,前者是只适用于未成年人的选择类,即一个孩子与法律相冲突,一个孩子的受害者,一个孩子需要照顾和孩子的证人。它采取行动,制定2000年,做了以“法律上承认电子交易,促进电子商务的发展。“进一步行动的计划,大部分是造成犯罪的错误信息披露和滥用个人数据在特定的情况下。“父母的同意”的要求和“有区别的政策不同年龄段的孩子”缺席在行动。因此;行为不足以对抗风险向未成年人在互联网上关于他们的个人数据。

需要做什么?

联合国儿童基金会和经合组织理事会发布的原则治理国家的政策数据保护。联合国儿童基金会在“原则对儿童在线隐私和言论自由”已敦促州创建机制与未成年人的进化能力。类似,经合组织也提出了适合孩子年龄的政策。与普通数据保护规定,2018 (GDPR)欧盟敦促成员国政策,需要父母同意13 - 16岁以下的,以及保障措施,如“儿童语言通知”,禁止“唯一决策使用孩子的数据”。英国使用基于web的应用程序最小化数据收集和未成年人默认关闭定位服务。根据美国的儿童在线隐私保护法案,2000年,运营商获得父母的同意未成年人个人信息的披露和使用。韩国“灰姑娘法”禁止16岁以下的用户,访问某些网站在午夜到早上6点。

不幸的是,印度没有这样的机制来保护青少年免受网络威胁。随着个人数据保护比尔正在等待议会同时,政府必须至少通过规定颁布一项法令,保证一定程度的安全的孩子。最近,最高法院中心发布了一份通知,要求他们控制未成年人对社交媒体的访问。虽然上面是一个正确方向的一步,是时候决策者迅速行动和仔细,尤其是虚拟教育当前的升级。推动已经进来的形式Rajya Sabha特别委员会的报告研究“色情在社交媒体上的惊人的问题及其对儿童的影响和社会作为一个整体”(2020年1月),我是一个成员。

艾玛尔Patnaik属于议会,从Odisha联邦院议长。个人观点。
  • 发布于2021年3月5日08:21点坚持
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\"\"
<\/span><\/figcaption><\/figure>By Amar Patnaik<\/strong>

‘The history of childhood is a nightmare from which we have only recently begun to awaken’. This observation made by deMause, an investigator in psycho-histories in 2005 regarding traditions of child-rearing in different times and cultures, holds good for each age. He expounded that the evolution of child rearing gives insight into the development of a particular society. If this is the yardstick, what does that say about India’s development when a mechanism to ensure data privacy<\/a> of children<\/a> is absent, while their presence online is normalised through formal government approval due to COVID<\/a> induced physical meeting restrictions.

Enormity of the problem<\/strong>

As of 2019, the report of the Internet and Mobile Association of India noted that almost two-thirds of the internet users in India fall into the age brackets of 12-29 years. The report found that from a total number of 451 million monthly active internet users, over 66 million were in the age group of 5-11 years and 385 million were above the age of 12 years. The Puttaswamy Judgement in the year 2012 was categorical in stating that “Privacy of children will require special protection not just in the context of the virtual world, but also the real world”. Eight years down the line, we have only begun to scratch the surface.

The OECD in the year 2010 released a report titled “Typology of Risks Online”. These included three categories: Internet Technology Risks, Consumer Related Risks and Information Privacy and Security Risks. The grey area of Indian jurisprudence lies in mitigating the third risk which includes grave offences like targeted behavioural profiling, identity theft and intimidation of children online by misusing their personal data.

The Data Security Council of India noted that between the years 2016-2018. India had the second-highest number of cyber attacks. Two instances of a data breach in case of children set the stakes high and the alarm bells are ringing loud and fast. In September 2019, the personal data of 68,000 customers [mainly school-going children] of Vedantu was compromised and recently in May 2020, Unacademy reported that personal data of 22 million users has been compromised. The turning point in this discussion has now come in wake of the COVID-19 induced lockdowns. With education institutions shut, the best way to ensure continuity of education was bringing it online. Educational platforms like Byjus, Unacademy, Toppr, Edumarshal and the governments’ Diksha have been widely used along with platforms such as Google Meets and Zoom<\/a> to host virtual classrooms. So, the hitherto medium risks of harms to children have now multiplied several folds.

Current legal safeguards<\/strong>

The existing legislation that provides some degree of protection to children apart from the Juvenile Justice (Care and Protection) Act, 2015 is the Information Technology Act, 2000. These however do not entirely suffice. While the latter deals with the first and the second risk outlined by OECD, the former is only applicable to a select class of minors, i.e. a child in conflict with the law, a child victim, a child in need of care and child witnesses. The IT Act, when enacted in the year 2000, was done so as to “legally recognise electronic transactions and facilitate e-commerce.” Further, the scheme of the Act mostly creates offences of wrongful disclosure and misuse of personal data in specific cases. The requirement of “parental consent” and “differentiated policies for children of various age groups” is absent within the Act. Thus; the act is insufficient to counter risks posed to minors on the internet concerning their personal data.

What needs to be done?<\/strong>

The UNICEF and the OECD Council have released principles to govern policies of states for data protection<\/a>. The UNICEF in the “Principles on Children Online Privacy and Freedom of Expression” has urged States to create mechanisms in relation to the evolving capacities of minors. On similar lines, the OECD also propounds for age-appropriate policies. With the General Data Protection Regulation, 2018 (GDPR<\/a>) the EU urged members to have policies that require parental consent for those under the age of 13-16, along with safeguards such as “child-friendly language for notices” and prohibiting “sole decision making in use of children’s data”. The United Kingdom obligates web-based applications to minimise data collection from minors and switch location services off by default. Under the US Children’s Online Privacy Protection Act, 2000, the operators obtain consent from parents for the disclosure and use of personal information of minors. The South Korean “Cinderella Law” forbids users under the age of 16, to access certain websites between midnight and 6 am.

Unfortunately, India does not have such mechanisms to protect children from online threats. As the Personal Data Protection<\/a> Bill is pending in the Parliament<\/a>, in the meantime, the government must promulgate an ordinance or at least pass a regulation that guarantees some degree of safety to children. Recently, the Supreme Court<\/a> issued a notice to the Centre asking them to regulate minor’s access to social media. While the above is a step in the right direction, it is time policy-makers act fast and carefully, especially given the current escalation in virtual education. The nudge has already come in the form of the report of the ad-hoc committee of the Rajya Sabha to study “the alarming issue of pornography on social media and its effect on children and society as a whole” (January 2020) in which I was a member.

Amar Patnaik is a Member of Parliament, Rajya Sabha from Odisha. Views are personal.<\/strong><\/em>
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