Indian Journal for Research in Law and Management

Advancing Law and Management

ISSN No. : 2583-9896

CHILDREN’S DATA PROTECTION IN INDIA: STRIKING THE RIGHT LEGAL BALANCE BETWEEN SAFETY AND INNOVATION

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Sukhvinder Singh (2025). CHILDREN’S DATA PROTECTION IN INDIA: STRIKING THE RIGHT LEGAL BALANCE BETWEEN SAFETY AND INNOVATION. The Indian Journal for Research in Law and Management, Volume II(Issue 9). Retrieved from https://ijrlm.com/journal/childrens-data-protection-in-india-striking-the-right-legal-balance-between-safety-and-innovation/

Abstract

This piece critically analyzes the shifting legal framework of children's protection of data in India, balancing the protection of child privacy with the promotion of digital innovation. It tours constitutional guarantees recognizing the right to privacy and child well-being, statute law like the Digital Personal Data Protection Act, 2023, and milestone judgments defining protections for children's personal data in the digital space. The research sets out structural and operational concerns, such as overly broad age limits, practical issues with parental consent, and dangers of strangling innovation with disproportionate regulation. Taking comparative learning from international models such as the GDPR, COPPA, and the UK's Age-Appropriate Design Code, the article suggests a proportionate approach based on the best interests of the child principle. This requires a systematic legal framework, cooperative industry practices, privacy-by-design considerations, and effective judicial oversight. In the end, the article calls for balanced reforms that promote children's digital dignity and safety and enable India's ongoing technological growth and socio-economic development.

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The Indian Journal for Research in Law and Management
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