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Introduction

In India, the rights of children with regard to protection of their personal data are enshrined under the Digital Personal Data Protection Act, 2023 which is the newly enacted digital personal data protection law of India. The DPDP Act requires that for the processing of children's personal data, verifiable consent of parents or legal guardians is a necessary requirement. If the consent of parents or legal guardians is not obtained then it constitutes a violation under the DPDP Act. Under section 2(f) of the DPDP act, a “child” means an individual who has not completed the age of eighteen years. 

Section 9 under the DPDP Act, 2023

With reference to the collection of children's data section 9 of the DPDP Act, 2023 provides that for children below 18 years of age, consent from Parents/Legal Guardians is required. The Data Fiduciary shall, before processing any personal data of a child or a person with a disability who has a lawful guardian, obtain verifiable consent from the parent or the lawful guardian. Section 9 aims to create a safer online environment for children by limiting the exploitation of their data for commercial purposes or otherwise. By virtue of this section, the parents and guardians will have more control over their children's data and privacy and they are empowered to make choices as to how they manage their children's online activities and the permissions they grant to various online services. 

Section 9 sub-section (3) specifies that a Data Fiduciary shall not undertake tracking or behavioural monitoring of children or targeted advertising directed at children. However, section 9 sub-section (5) further provides room for exemption from this prohibition by empowering the Central Government which may notify exemption to specific data fiduciaries or data processors from the behavioural tracking or target advertising prohibition under the future DPDP Rules which are yet to be announced or released. 

Impact on social media platforms

Social media companies are raising concerns about Section 9 of the DPDP Act and upcoming Rules for the DPDP Act. Section 9 prohibits behavioural tracking or targeted advertising directed at children on digital platforms. By prohibiting intermediaries from tracking a ‘child's internet activities’ and ‘targeted advertising’ - this law aims to preserve children's privacy. However, social media corporations contended that this limitation adversely affects the efficacy of safety measures intended to safeguard young users, highlighting the necessity of monitoring specific user signals, including from minors, to guarantee the efficacy of safety measures designed for them.

Social media companies assert that tracking teenagers' behaviour is essential for safeguarding them from predators and harmful interactions. They believe that a complete ban on behavioural tracking is counterproductive to the government's objectives of protecting children. The scope to grant exemption leaves the door open for further advocacy on this issue. Hence it necessitates coordination with the concerned ministry and relevant stakeholders to find a balanced approach that maintains both privacy and safety for young users.

Furthermore, the impact on social media platforms also extends to the user experience and the operational costs required to implement the functioning of the changes created by regulations. This also involves significant changes to their algorithms and data-handling processes. Implementing robust age verification systems to identify young users and protect their data will also be a technically challenging step for the various scales of platforms. Ensuring that children’s data is not used for targeted advertising or behavioural monitoring also requires sophisticated data management systems. The blanket ban on targeted advertising and behavioural tracking may also affect the personalisation of content for young users, which may reduce their engagement with the platform.

For globally operating platforms, aligning their practices with the DPDP Act in India while also complying with data protection laws in other countries (such as GDPR in Europe or COPPA in the US) can be complex and resource-intensive. Platforms might choose to implement uniform global policies for simplicity, which could impact their operations in regions not governed by similar laws. On the same page, competitive dynamics such as market shifts where smaller or niche platforms that cater specifically to children and comply with these regulations may gain a competitive edge. There may be a drive towards developing new, compliant ways of monetizing user interactions that do not rely on behavioural tracking.

CyberPeace Policy Recommendations

A balanced strategy should be taken into account which gives weightage to the contentions of social media companies as well as to the protection of children's personal information. Instead of a blanket ban, platforms can be obliged to follow and encourage openness in advertising practices, ensuring that children are not exposed to any misleading or manipulative marketing techniques. Self-regulation techniques can be implemented to support ethical behaviour, responsibility, and the safety of young users’ online personal information through the platform’s practices. Additionally, verifiable consent should be examined and put forward in a manner which is practical and the platforms have a say in designing the said verification. Ultimately, this should be dealt with in a manner that behavioural tracking and targeted advertising are not affecting the children's well-being, safety and data protection in any way. 

Final Words

Under section 9 of the DPDP Act, the prohibition of behavioural tracking and targeted advertising in case of processing children's personal data - will compel social media platforms to overhaul their data collection and advertising practices, ensuring compliance with stricter privacy regulations. The legislative intent behind this provision is to enhance and strengthen the protection of children's digital personal data security and privacy. As children are particularly vulnerable to digital threats due to their still-evolving maturity and cognitive capacities, the protection of their privacy stands as a priority. The innocence of children is a major cause for concern when it comes to digital access because children simply do not possess the discernment and caution required to be able to navigate the Internet safely. Furthermore, a balanced approach needs to be adopted which maintains both ‘privacy’ and ‘safety’ for young users.

References

• https://www.meity.gov.in/writereaddata/files/Digital%20Personal%20Data%20Protection%20Act%202023.pdf 
• https://www.firstpost.com/tech/as-govt-of-india-starts-preparing-rules-for-dpdp-act-social-media-platforms-worried-13789134.html#google_vignette
• https://www.business-standard.com/industry/news/social-media-platforms-worry-new-data-law-could-affect-child-safety-ads-124070400673_1.html

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Overview:

In today’s digital landscape, safeguarding personal data and communications is more crucial than ever. WhatsApp, as one of the world’s leading messaging platforms, consistently enhances its security features to protect user interactions, offering a seamless and private messaging experience

App Lock: Secure Access with Biometric Authentication

To fortify security at the device level, WhatsApp offers an app lock feature, enabling users to protect their app with biometric authentication such as fingerprint or Face ID. This feature ensures that only authorized users can access the app, adding an additional layer of protection to private conversations.

How to Enable App Lock:

1. Open WhatsApp and navigate to Settings.
2. Select Privacy.
3. Scroll down and tap App Lock.
4. Activate Fingerprint Lock or Face ID and follow the on-screen instructions.

Chat Lock: Restrict Access to Private Conversations

WhatsApp allows users to lock specific chats, moving them to a secured folder that requires biometric authentication or a passcode for access. This feature is ideal for safeguarding sensitive conversations from unauthorized viewing.

How to Lock a Chat:

1. Open WhatsApp and select the chat to be locked.
2. Tap on the three dots (Android) or More Options (iPhone).
3. Select Lock Chat
4. Enable the lock using Fingerprint or Face ID.

Privacy Checkup: Strengthening Security Preferences

The privacy checkup tool assists users in reviewing and customizing essential security settings. It provides guidance on adjusting visibility preferences, call security, and blocked contacts, ensuring a personalized and secure communication experience.

How to Run Privacy Checkup:

1. Open WhatsApp and navigate to Settings.
2. Tap Privacy.
3. Select Privacy Checkup and follow the prompts to adjust settings.

Automatic Blocking of Unknown Accounts and Messages

To combat spam and potential security threats, WhatsApp automatically restricts unknown accounts that send excessive messages. Users can also manually block or report suspicious contacts to further enhance security.

How to Manage Blocking of Unknown Accounts:

1. Open WhatsApp and go to Settings.
2. Select Privacy.
3. Tap to Advanced 
4. Enable Block unknown account messages

IP Address Protection in Calls

To prevent tracking and enhance privacy, WhatsApp provides an option to hide IP addresses during calls. When enabled, calls are routed through WhatsApp’s servers, preventing location exposure via direct connections.

How to Enable IP Address Protection in Calls:

1. Open WhatsApp and go to Settings.
2. Select Privacy, then tap Advanced.
3. Enable Protect IP Address in Calls. 

Disappearing Messages: Auto-Deleting Conversations

Disappearing messages help maintain confidentiality by automatically deleting sent messages after a predefined period—24 hours, 7 days, or 90 days. This feature is particularly beneficial for reducing digital footprints.

How to Enable Disappearing Messages:

1. Open the chat and tap the Chat Name.
2. Select Disappearing Messages.
3. Choose the preferred duration before messages disappear.

View Once: One-Time Access to Media Files

The ‘View Once’ feature ensures that shared photos and videos can only be viewed a single time before being automatically deleted, reducing the risk of unauthorized storage or redistribution.

How to Send View Once Media:

1. Open a chat and tap the attachment icon.
2. Choose Camera or Gallery to select media.
3. Tap the ‘1’ icon before sending the media file.

Group Privacy Controls: Manage Who Can Add You

WhatsApp provides users with the ability to control group invitations, preventing unwanted additions by unknown individuals. Users can restrict group invitations to ‘Everyone,’ ‘My Contacts,’ or ‘My Contacts Except…’ for enhanced privacy.

How to Adjust Group Privacy Settings:

1. Open WhatsApp and go to Settings.
2. Select Privacy and tap Groups.
3. Choose from the available options: Everyone, My Contacts, or My Contacts Except

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Conclusion

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WhatsApp continuously enhances its security features to protect user privacy and ensure safe communication. With tools like App Lock, Chat Lock, Privacy Checkup, IP Address Protection, and Disappearing Messages, users can safeguard their data and interactions. Features like View Once and Group Privacy Controls further enhance confidentiality. By enabling these settings, users can maintain a secure and private messaging experience, effectively reducing risks associated with unauthorized access, tracking, and digital footprints. Stay updated and leverage these features for enhanced security.

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Introduction

The Department of Telecommunications on 28th October 2024 notified an amendment to the Flight and Maritime Connectivity Rules, 2018 (FMCR 2018). 

Rule 9 of the principle rules in FMCR 2018 stated: 

 “Restrictions–(1) The IFMC service provider shall provide the operation of mobile communication services in aircraft at minimum height of 3000 meters in Indian airspace to avoid interference with terrestrial mobile networks. (2) Internet services through Wi-Fi in aircraft shall be made available when electronic devices are permitted to be used only in airplane mode.”

In 2022, an amendment was made to the attached form in the Rules for obtaining authorisation to provide IFMC services. 

Subsequently, the 2024 amendment substitutes sub-rule (2), namely : 

“ (2)  Notwithstanding the minimum height in Indian airspace referred to in sub-rule (1), internet services through Wi-Fi in aircraft shall be made available when electronic devices are permitted to be used in the aircraft.”

Highlights of the Amendment 

These rules govern the use of Wi-Fi in airplanes and ships within or above India or Indian territorial waters through In Flight and Maritime Connectivity (IFMC) services provided by IFMC service providers responsible for establishing and maintaining them.

Airplanes are equipped with antennas, onboard servers, and routers to connect to signals received from ground towers via Direct Air-to-Ground Communications (DA2GC) or through satellites. The DA2GC system offers connectivity through various communication methods, supporting services like in-flight Internet access and mobile multimedia. Licensed In-Flight Mobile Connectivity (IFMC) providers must adhere to standards set by international organizations such as the International Telecommunications Union (ITU), the European Telecommunications Standards Institute (ETSI), and the Institute of Electrical and Electronics Engineers (IEEE), or by international forums like the 3rd Generation Partnership Project (3GPP) to offer In-Flight Connectivity. Providers using Indian or foreign satellite systems must obtain approval from the Department of Space.

The IFMC service provider must operate mobile communication services on aircrafts at a minimum altitude of 3,000 meters within Indian airspace to prevent interference with terrestrial mobile networks. However, Wi-Fi access can be enabled at any point during the flight when device use is permitted, not just after reaching 3,000 meters. This flexibility is intended to allow passengers to connect to Wi-Fi earlier in the flight. This amendment aims to ensure that passengers can access the internet while maintaining the safety standards critical to in-flight communication systems.

Implications

1. Increased Data Security Needs:  There will be a need for robust cybersecurity measures against potential threats and data breaches. 
2. Increased Costs: Airplanes will have to incur the initial costs for installing antennae. Since airfare pricing in India is market-driven and largely unregulated, these costing changes might find their way into ticket prices, making flight tickets more expensive. 
3. Interference Management: A framework regarding the conditions under which  Wi-FI must be switched off to avoid interference with terrestrial communication systems can be determined by stakeholders and communicated to passengers. 
4. Enhanced Connectivity Infrastructure: Airlines may need to invest in better flight-connectivity infrastructure to handle increased network traffic as more passengers access Wi-fi at lower altitudes and for longer durations. 

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Conclusion

The  Flight and Maritime Connectivity (Amendment) Rules, 2024, enhance passenger convenience and align India with global standards for in-flight connectivity while complying with international safety protocols. Access to the internet during flights and at sea provides valuable real-time information, enhances safety, and offers access to health support during aviation and maritime operations.  However, new challenges including the need for robust cybersecurity measures, cost implications for airlines and passengers, and management of interference with terrestrial networks will have to be addressed through a collaborative approach between airlines, IFMC providers, and regulatory authorities. 

Sources 

• https://dot.gov.in/sites/default/files/2018_12_17%20AS%20IFMC_2.pdf?download=1 
• https://dot.gov.in/sites/default/files/Amendment%20dated%2004112024%20in%20flight%20and%20maritime%20connectivity%20rules%202018%20to%20IFMC%20Service%20Provider.pdf  
• https://www.t-mobile.com/dialed-in/wireless/how-does-airplane-wifi-work 
• https://tec.gov.in/public/pdf/Studypaper/DA2GC_Paper%2008-10-2020%20v2.pdf 
• https://www.indiatoday.in/india/story/wifi-use-flights-no-longer-linked-altitude-now-subject-permission-2628118-2024-11-05  
• https://pib.gov.in/Pressreleaseshare.aspx?PRID=1843408#:~:text=With%20the%20repeal%20of%20Air,issue%20directions%20to%20such%20airline. 

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