INTRODUCTION
The exponential development of the internet, social media, artificial intelligence (AI), video games, and digital education has transformed childhood in unprecedented ways. However, although these innovations provide tremendous possibilities for learning and development, children can face new threats, including cyberbullying, sexual grooming, privacy breaches, exposure to harmful content, and data abuse. Thus, there emerges a crucial question: Is the current legal regime in India sufficient to ensure that the rights of children are safeguarded in the digital world?
This blog is an analysis of India’s legal provisions concerning the protection of the rights of children in the digital realm. Specifically, the focus will be on constitutional guarantees and domestic legislation such as the Information Technology Act of 2000, the Protection of Children from Sexual Offences (POCSO) Act of 2012, and the Digital Personal Data Protection Act of 2023. Moreover, the blog highlights the commitments that India has undertaken in accordance with international law on children’s rights and the regulatory gaps that must be addressed.
UNDERSTANDING CHILDREN’S RIGHT TO PRIVACY
Privacy rights mean the right that individuals have to control how their personal data is collected, used, stored, and shared, as well as making personal decisions without any interference. Children need special legal protections because of their age and maturity levels, which make them unable to understand the implications of sharing personal data on the internet.
Globally upheld under the United Nations Convention on the Rights of the Child (UNCRC), it guarantees minors the freedom from arbitrary interference in their personal life, spaces, and digital identities.[1]
Scope of child privacy [2]includes:
- Physical & Spatial Privacy: children require their private spaces to explore their identity, thoughts, and emotions without constant monitoring.
- Digital & Online Privacy: As digital natives, children face the risks of data exploitation. Privacy laws mandate that online services limit the collection of a child’s personal data and avoid targeting them with behavioural tracking,
- Health Confidentiality: Adolescents have the right to confidential healthcare, allowing them to seek medical advice and treatment privately, depending on local age of consent laws
Article 16 of the UNCRC [3]mandates that no child shall be subjected to arbitrary interference with their privacy, family, home, or correspondence.
Under the Indian Constitution, the right to privacy is a fundamental right protected under Article 21. [4]The Digital Personal Data Protection (DPDP) Act imposes strict regulations on the processing of minors’ data, requiring verifiable parental consent before gathering any information on children under the age of 18.
Although these regulations are indicative of the State’s acknowledgement of the vulnerabilities of the child in the digital environment, there remain some significant issues in respect of the autonomy and engagement of the child in the digital world.
CHALLENGES TO CHILDREN’S PRIVACY IN THE DIGITAL ERA
The swift proliferation of digital technology has not only changed the way children learn and communicate, but it has raised issues concerning the protection of children’s privacy and autonomy. Children’s personal information, such as their activities, preferences, and geographical locations, is frequently processed by various internet-based services, social networks, and learning tools. At the same time, children do not know what consequences it might have for them since they do not understand much about the possible consequences of giving out their personal information.[5]
The advent of technologies that use artificial intelligence (AI) has added to the problem of protecting the privacy of children. Technologies that employ artificial intelligence, such as facial recognition technology, behavioral tracking software, and educational analytics programs, have the capacity to collect and analyse sensitive data about the children. It is important to consider the risks posed by the application of such technologies in terms of surveillance, data protection, and abuse of biometric and behavioural data. In General Comment No. 25 (2021)[6] to the UN Convention on the Rights of the Child, it is stated that excessive collection and profiling, behavioural tracking, which violate children’s rights, are possible and require privacy-by-design in digital services.
The development of AI-enabled technologies, including facial recognition and behavioral analytics, increases the level of threat concerning surveillance and improper use of biometric information. The decision made by the Supreme Court in Justice K.S. Puttaswamy v. Union of India (2017) [7]confirmed that informational privacy is an inherent part of Article 21.
Cyberbullying, Online grooming, and Digital exploitation [8]are also major problems faced by the children. They face harassment, identity theft, and sexual exploitation on the Internet that causes severe damage to their mental and social well-being. While there are certain laws, like Protection of Children from Sexual Offences Act, 2012[9], that aim to mitigate the problem, it becomes difficult to enforce those laws due to the global nature of the Internet.
INDIA’S LEGAL FRAMEWORK FOR CHILD PRIVACY PROTECTION
India’s legal framework for children’s privacy is rooted in constitutional and statutory protections, but its adequacy in the digital age remains debatable. In Justice K.S. Puttaswamy (Retd.) v Union of India,[10] the Supreme Court recognised informational privacy as an integral part of the fundamental right to life and personal liberty under Article 21. Although the judgment was not child-specific, its principles extend to protecting minors’ personal data and digital autonomy.
The Digital Personal Data Protection Act, 2023 strengthens these protections by requiring verifiable parental consent for processing children’s data and prohibiting behavioural tracking and targeted advertising. However, its reliance on parental consent and a uniform age threshold of eighteen has been criticised for overlooking adolescents’ evolving capacities.
Some laws providing additional protection include the Information Technology Act, 2000, the Protection of Children from Sexual Offences Act, 2012 (POCSO) and the Juvenile Justice (Care and Protection of Children) Act, 2015. In spite of having all these measures, India does not have a single law that addresses children’s right to privacy.
INTERNATIONAL PERSPECTIVES AND BEST PRACTICES
There has been an increased recognition in international laws regarding the need for greater protection of privacy for children in the digital sphere. Article 16 of the United Nations Convention on the Rights of the Child [11]provides every child with the right to be protected from any arbitrary or unlawful interference in their privacy, family, home, and correspondence. Furthering the above provision, the United Nations Committee on the Rights of the Child adopted General Comment No. 25 in 2021, which deals with the rights of children in the context of the digital world.
The Children’s Online Privacy Protection Act (COPPA[12]) is one such legislation enacted in the US which protects the privacy of children below the age of thirteen years in terms of the collection and usage of their personal information through various online services. The verifiable consent of the parents must be obtained before collecting any kind of data from the children. Similar is the case with the General Data Protection Regulation (GDPR) of the EU.
CONCLUSION
This fast expansion of digital technology has changed how children learn, socialize, and play but has also increased the risk of threats to their privacy and security. Although the Indian legal system has achieved significant results in securing the rights of individuals with respect to privacy with the help of recognition of this fundamental right in the case of Justice K S Puttaswamy (Retd.) v Union of India and the establishment of the Digital Personal Data Protection Act, 2023, the current legal framework still fails to meet the specific needs of children.
The challenges connected with the collection of data on children from social media networks, profiling based on artificial intelligence, cyber exploitation and digital footprints call for better legal protection. The protection of children’s privacy is not a technical or legal problem but a human rights issue. India should pay special attention to this aspect of children’s lives as digital technologies keep developing.
Author(s) Name: Noriza Mariyam
References:
[1] UNICEF, Convention on the Rights of the Child: Children’s Version <https://www.unicef.org/child-rights-convention/convention-text-childrens-version > accessed 26 June 2026.
[2] ‘Children’s Privacy Rights in the Digital Age’ (SSRN, 2025) <https://papers.ssrn.com/sol3/papers.cfm?abstract_id=5326056 > accessed 26 June 2026.
[3] Convention on the Rights of the Child (adopted 20 November 1989, entered into force 2 September 1990) 1577 UNTS 3, art 16.
[4] Constitution of India, art 21.
[5] Children’s Rights Australia, Children’s Right to Privacy < https://childrensrights.org.au/blog/childrens-right-to-privacy> accessed 26 June 2026.
[6] UN Committee on the Rights of the Child, General Comment No 25 (2021) on Children’s Rights in Relation to the Digital Environment UN Doc CRC/C/GC/25 (2021) <https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=xfBzr2AVJ%2Fm%2FfXIEXW7hxTQrHodGBGQOLLAn9EXr%2BedAbHbjEePoBTI%2BN6n2B7SsntVQOGEX%2BbN2V0PM2w7hhQ%3D%3D> accessed 26 June 2026.
[7] Justice K.S. Puttaswamy (Retd.) v Union of India (2017) 10 SCC 1.
[8] Ministry of Electronics and Information Technology, Digital Personal Data Protection Act 2023 <https://www.meity.gov.in > accessed 26 June 2026.
[9] Protection of Children from Sexual Offences Act 2012.
[11] Convention on the Rights of the Child (adopted 20 November 1989, entered into force 2 September 1990) 1577 UNTS 3, art 16; UN Committee on the Rights of the Child, General Comment No 25 (2021) on Children’s Rights in Relation to the Digital Environment UN Doc CRC/C/GC/25 (2021).
[12] Children’s Online Privacy Protection Act of 1998, 15 USC §§ 6501–6506.