Rule 12: Exemptions from certain obligations applicable to processing of personal data of child

Rule 12 sets out exemptions from certain rules about processing the personal data of a child. Specifically, it waives the requirements found in sub-sections (1) and (3) of section 9 of the Digital Personal Data Protection Act. The first exemption applies to specific types of Data Fiduciaries, which are entities determining the purpose and means of processing data. If a Data Fiduciary belongs to a class listed in Part A of the Fourth Schedule of the Rules, it does not have to follow those specific section 9 requirements, as long as it meets any conditions listed in that Part. The second exemption is based on the reason for processing the data. If a child's personal data is processed for a purpose listed in Part B of the Fourth Schedule, the requirements of section 9(1) and 9(3) do not apply. This is also subject to any conditions specified in Part B.

Key points

• Certain classes of Data Fiduciaries are exempt from sub-sections (1) and (3) of section 9 of the Act when processing a child's personal data. [(1)]
• These exempt classes of Data Fiduciaries, along with any conditions they must follow, are specified in Part A of the Fourth Schedule. [(1)]
• Processing a child's personal data for specific purposes is also exempt from sub-sections (1) and (3) of section 9 of the Act. [(2)]
• These exempt purposes and their conditions are listed in Part B of the Fourth Schedule. [(2)]

Common misreadings

• Assuming that all rules regarding children's data are waived; the exemption only applies to sub-sections (1) and (3) of section 9.
• Believing any Data Fiduciary can claim the exemption; it only applies to the specific classes or purposes listed in Part A or Part B of the Fourth Schedule.