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(1) The Data Fiduciary shall, before processing any
personal data of a child or a person with disability who has a lawful guardian obtain verifiable consent
of the parent of such child or the lawful guardian, as the case may be, in such manner as may be
prescribed.
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 Fiduciary shall not undertake such processing of personal data that is likely to cause any
detrimental effect on the well-being of a child.
(3) A Data Fiduciary 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 processing of personal data
of a child by such classes of Data Fiduciaries or for such purposes, and subject to such conditions, as
may be prescribed.
(5) The Central Government may, if satisfied that a Data Fiduciary has ensured that its processing
of personal data of children is done in a manner that is verifiably safe, notify for such processing by
such Data Fiduciary the age above which that Data Fiduciary shall be exempt from the applicability of
all or any of the obligations under sub-sections (1) and (3) in respect of processing by that Data
Fiduciary as the notification may specify.
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