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WhatsApp tests age confirmation in India ahead of DPDP law compliance

"To comply with upcoming laws in India like the Digital Personal Data Protection Act (DPDP), we are testing privacy-protective ways for people to confirm their age. This doesn't change how WhatsApp works or your experience," WhatsApp spokesperson said in response to a PTI query.

PTI

NEW DELHI: WhatsApp is testing new ways for users in India to confirm their age as it prepares to comply with upcoming legal requirements, including those related to the Digital Personal Data Protection (DPDP) Act, the Meta-owned messaging platform said on Tuesday.

The company, however, said the test is optional and users do not have to confirm their age to continue using WhatsApp. It also said users' age information will remain private and will not be shared with others on the platform.

"To comply with upcoming laws in India like the Digital Personal Data Protection Act (DPDP), we are testing privacy-protective ways for people to confirm their age. This doesn't change how WhatsApp works or your experience," WhatsApp spokesperson said in response to a PTI query.

Users have been taking to X to share screenshots of WhatsApp's nudge on adding date of birth with a message display that says "upcoming laws in India require us to ask for your age". The latest move has fuelled a social media chatter that the messaging platform could be gearing up for future age-verification requirements in the country.

Early Tuesday, IT Secretary S Krishnan had observed that the move "might be from the context of DPDP Act, where it is (provisions are) age-related."

"But we will have to check with them... because we are approaching the deadline...," Krishnan had said.

It is pertinent to mention that the Digital Personal Data Protection Act regulates the processing of digital personal data by balancing the right of individuals to protect their personal data with the necessity of processing such data for lawful purposes.

The Act and associated rules outline several stringent provisions for platforms when it comes to processing the personal data of children, defined as individuals under 18 years of age.

The norms - when fully implemented - will require platforms to obtain verifiable consent from the child’s parent or lawful guardian, before any personal data of a child can be processed; platforms must adopt appropriate technical and organisational measures to ensure this consent is authentic.

The rules strictly prohibit platforms from engaging in activities that could harm children or exploit their data; there is a ban on tracking or behavioural monitoring of children, and platforms are also prohibited from directing targeted advertising at children.

Failure to adhere to obligations regarding children's data will lead to significant financial consequences.

Experts believe that while the specific rules for verifiable consent (Rule 10) are set to come into force in May 2027 - still months away - platforms may start collecting this information early to ensure their systems are fully ready and verified by the time the enforcement begins.

Asked about the IT Ministry's next steps on the username notices, Meity Secretary Krishnan said the issue extends beyond WhatsApp, to all messaging apps. Two dimensions -- the possibility of impersonation risks arising from username features, and the privacy angle -- will have to be taken into account, he said.

On whether the IT ministry is mulling a common set of standards governing all messaging platforms, Krishnan said, "We are looking at what they had to say, the feedback that they've given, and we will take a final call."

The username feature essentially allows people on the messaging platform to communicate without sharing their phone numbers.

Last month, the government issued a notice to the Meta-owned messaging platform questioning WhatsApp's proposed username feature, as the Centre flagged concerns that it could materially increase online fraud, phishing, digital arrest scams, and impersonation attacks.

It had also directed the platform not to launch the feature until consultations on the issue are completed "to the satisfaction of the government". WhatsApp has about 50 crore users in India, and counts the country as a key market.

The government, in its notice, had asked Meta to explain why action shouldn't be initiated under the IT Act and rules over WhatsApp's proposed username feature that may increase cybercrimes. It also reminded Meta that WhatsApp, as a significant social media intermediary, is bound by due diligence obligations under the IT Act and rules.

Subsequently, WhatsApp has submitted its reply to the government notice, and assured that it would not roll out the feature in India until discussions were complete.

After the notice to WhatsApp, the IT ministry had also shot off notices to Telegram and Signal, raising questions on their existing "username" feature and asked how the platforms are addressing concerns related to fraud and impersonation risks.

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