Rule 12, children's data exemptions
In short
Rule 12 disapplies sub-sections (1) and (3) of Section 9 of the Act in two situations: for the classes of Data Fiduciary specified in Part A of the Fourth Schedule, and for the purposes specified in Part B. Each is subject to the conditions stated in the relevant Part.
The exemption is from those two sub-sections only. The rest of Section 9 continues to apply.
01Part A, classes of Data Fiduciary
| Class | Condition |
|---|---|
| Clinical establishment, mental health establishment or healthcare professional | Processing restricted to provision of health services to the child by that establishment or professional, to the extent necessary for the protection of her health |
| Allied healthcare professional | Processing restricted to supporting implementation of a healthcare treatment and referral plan recommended by that professional for the child, to the extent necessary for the protection of her health |
| Educational institution | Processing restricted to tracking and behavioural monitoring for the educational activities of the institution, or in the interests of the safety of children enrolled with it |
| Individual in whose care infants and children in a creche or child day care centre are entrusted | Processing restricted to tracking and behavioural monitoring in the interests of the safety of children entrusted to that care |
| Entity engaged by an educational institution, creche or child care centre for transport of enrolled children | Processing restricted to tracking the location of those children, in the interests of their safety, during travel to and from the institution, creche or centre |
02Part B, purposes
| Purpose | Condition |
|---|---|
| Exercise of a power, performance of a function or discharge of a duty in the interests of a child under any law in force in India | Restricted to the extent necessary for that exercise, performance or discharge |
| Providing or issuing a subsidy, benefit, service, certificate, licence or permit in the interests of a child under Section 7(b) of the Act | Restricted to the extent necessary for that provision or issuance |
| Creation of a user account for communicating by email | Restricted to the extent necessary to create the account, the use of which is limited to email communication |
| Determination of the real time location of a child | Restricted to tracking real time location in the interest of her safety, protection or security |
| Ensuring that information, a service or an advertisement likely to cause a detrimental effect on the well being of a child is not accessible to her | Restricted to the extent necessary to ensure inaccessibility |
| Confirmation by the Data Fiduciary that the Data Principal is not a child, and observance of due diligence under Rule 10 | Restricted to the extent necessary for that confirmation or observance |
The condition column is the operative half of both tables. An entity in a listed class that processes beyond the stated restriction is outside the exemption for that processing.
03Common questions
Which obligations does Rule 12 lift?
Sub-sections (1) and (3) of Section 9 of the Act, and only those, subject to the conditions in the Fourth Schedule.
Can a platform process a child's data to check she is not a child?
Part B lists confirmation that a Data Principal is not a child, and observance of due diligence under Rule 10, as an exempt purpose, restricted to the extent necessary.
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