Collecting consents from literate audience is understandable but how do we collect consents from someone who is illetrate - someone who cannot read and write? Imagine going to remote corner of India and collecting Aadhar card of such audience for data processing. Definately notice needs to show prior to collection of consent. But they cannot read or write - how will consent work in such senarios? Can you give me some examples and what are pitfalls of non-compliance here?
1 Answers
Collecting consent from illiterate individuals citizents who cannot read or write presents unique challenges, especially when dealing with sensitive personal data. The Digital Personal Data Protection Act (DPDPA) requires that a clear notice be given to individuals before collecting their data, ensuring they understand what they are consenting to. But how do we achieve this for those who cannot read or write?
Possible approaches to bbtain Consent from illiterate individuals
- Audio-Visual Consent Notices - Since illiterate individuals may not be able to read a written notice, an audio or video explanation in their native language can serve as a substitute. For example, before collecting Aadhaar details, an official can play a recorded message explaining:
Why the data is being collected
How it will be used
The rights of the individual
How they can withdraw consent
A touchscreen device or a simple voice recording mechanism could then be used to record verbal consent and further translated into machine readable format as mandated under DPDPA
2. Consent faciliated via community representatives or witnesses
In rural settings, individuals often trust community leaders, local government officials, or family members. A trusted witness, such as a village head, social worker, or local NGO representative, could explain the consent notice and confirm that the individual has understood. The consent could then be recorded as a verbal statement or via video documentation and translated into machine readable format.
Failing to properly obtain consent from illiterate individuals can lead to several issues:
- **Legal Non-Compliance **– The DPDPA requires explicit and informed consent for data collection. If authorities find that individuals did not understand what they were consenting to, the organization collecting the data could face penalties.
2.** Misuse of Data **– Without proper consent processes, bad actors could exploit illiterate individuals, leading to fraudulent Aadhaar usage, identity theft, or unauthorized access to personal data.
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Loss of Trust in Digital Services – If rural communities feel that their data is being taken without understanding or permission, they may lose trust in digital initiatives, making future outreach and development programs difficult.
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Legal Disputes & Litigation – In cases where data is used improperly, affected individuals (or advocacy groups) may file complaints, leading to legal battles and financial liabilities.
How We Are Addressing This Challenge at Concur – Consent Manager
At Concur – Consent Manager, we recognize this as a critical issue and are actively experimenting with solutions:
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Pilot Programs in Rural Areas – We are testing audio-visual consent notices with focus group to gather more insights
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Collaboration with Local NGOs – We intent to work with community organizations to educate and assist individuals in understanding their data rights. Usually, they collect data and education and consent collection responsibility can be delivered by them but still approach is vauge.
As we refine these methods, we plan to expand our solutions to ensure compliance and inclusivity for all individuals, regardless of literacy level.
Would love to hear more thoughts on how others in the industry are tackling this!
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