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Your child's data and AI apps: India's DPDP Act in plain words

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When your child types a question into a study app, talks to a chatbot or uploads a photo of their homework, they hand over personal data: their name, their voice, what they find hard, sometimes their location. India now has a law about what companies may do with it: the Digital Personal Data Protection Act, 2023 (the DPDP Act), and the DPDP Rules, 2025 that explain how it works.

We read both in the official Gazette of India, and this guide quotes them directly. The links are at the end. This is a plain-language summary for parents, not legal advice.

The short version

Who the law applies to

The Act calls a company or organisation that decides why and how personal data is used a Data Fiduciary. An AI tutor app, a homework chatbot, an online coaching platform and a school's own app can all be Data Fiduciaries. The duties in this guide are theirs, not yours.

Parental consent: what "verifiable" means

Section 9(1) of the Act says the company must get the parent's consent "in such manner as may be prescribed". Rule 10 of the DPDP Rules prescribes it. The company must take "appropriate technical and organisational measures" so that verifiable consent of the parent is obtained before processing any personal data of a child, and must check that the person saying they are the parent is an adult, using either:

The Rules give worked examples. In each, the child says she is a child and names her parent, the company lets the parent identify themselves, and the company checks that the parent is an identifiable adult before creating the child's account.

What this means in practice: an app where a child can sign up alone by typing any age, with no step for a parent, does not meet this standard. Once Rule 10 is in force, it is not allowed.

No tracking, no ads aimed at children

Section 9(3) is short and strong: a company "shall not undertake tracking or behavioural monitoring of children or targeted advertising directed at children."

For AI study apps, that matters. An app that builds a profile of your child's behaviour to sell, or shows your child adverts chosen for them, is doing what the Act forbids. Section 9(2) adds a broader duty: no processing "likely to cause any detrimental effect on the well-being of a child".

The exceptions, so you are not surprised

The Act allows some exceptions to the consent and no-tracking duties, and the Rules list them in the Fourth Schedule. The ones parents meet most often:

Who or whatWhat they may do without the usual parental consent and no-tracking duties
Hospitals, clinics, health professionalsProcess a child's data as needed to protect the child's health
An educational institutionTracking and behavioural monitoring for its educational activities, or for the safety of children enrolled with it
Crèches and child day-care centresTracking and behavioural monitoring for the safety of children in their care
School or crèche transportTracking children's location during travel to and from the institution, for their safety
Government functions, subsidies and benefits for a childProcessing only to the extent necessary
Creating an email-only accountOnly to the extent needed for that account
Real-time location for a child's safetyOnly for safety and protection

Each exception has conditions: the processing is "restricted" to that purpose. A school may track attendance for its own teaching; that is not a licence for a private app to profile your child.

Your rights, and how to use them

Because you count as the Data Principal for your child, you can:

Five questions to ask any app before your child uses it

  1. How do you get a parent's consent, and how do you check I am an adult?
  2. What data do you collect from my child, and why? (Typing, voice, photos, location?)
  3. Do you show adverts, or use my child's data to profile them? The answer should be no.
  4. How long do you keep it, and how do I get it deleted?
  5. Who do I contact with a complaint, and how fast do you reply?

A company that answers these clearly, in writing, is taking your child's data seriously. If an app asks for location, contacts or photos it does not need, say no, or choose another app. For a broader check of an app's quality and safety, see our 15-minute test for AI study apps and the parent's checklist for AI tutors.

Simple habits that help today

Where CMDLearn fits

We are building CMDLearn, an AI tutor for Classes 1 to 10 in Hindi, Marathi and English, and we have designed it to meet these duties before they are enforced: an adult starts every session for younger children, the tutor hides phone numbers, email addresses, Aadhaar-style ID numbers and PIN codes before anything reaches the AI (it does not detect names, so children are told not to type them), there are no adverts and no profiling for sale, and the adult sees a summary. It is not available yet; join the waitlist to hear when early access to the AI tutor opens.

Sources (official texts)

Quotes are from the official texts above, read on 12 October 2026. This guide is general information for parents, not legal advice. For a specific situation, consult a lawyer.