Age Assurance Technology Reaches Maturity

K&L Gates LLP
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K&L Gates LLP

This week the Australian Government released its Final Report on the Age Assurance Technology Trial. Its findings will underpin the coming into effect of new rules to implement the social media minimum age limit laws, required to be in place by December 10.

The Final Report’s key findings are:

  1. Age assurance can be done in Australia privately, efficiently and effectively.
  2. No substantial technological limitations preventing its implementation to meet policy goals.
  3. Provider claims have been independently validated against the project’s evaluation criteria.
  4. A wide range of approaches exist, but there is no one-size-fits-all solution for all contexts.
  5. We found a dynamic, innovative and evolving age assurance service sector.
  6. We found robust, appropriate and secure data handling practices.
  7. There is scope to enhance usability, risk management and system interoperability.
  8. Parental control tools can be effective but may constrain children’s digital participation and evolving autonomy.
  9. Systems performed broadly consistently across demographic groups, including Indigenous populations.
  10. Systems generally align with cybersecurity best practice, but vigilance is required.
  11. Unnecessary data retention may occur in apparent anticipation of future regulatory needs.
  12. Providers are aligning to emerging international standards around age assurance.

As noted on the eSafety Commissioner’s website, there is a range of technologies available to check age, at the point of account sign up and later. It will be up to each platform to decide which methods it uses.

Social media platforms will now need to monitor the development of guidelines by the eSafety Commissioner and ensure that they take ‘reasonable steps’ to prevent users under 16 from having accounts on their platforms, using steps that are just and appropriate in the circumstances.

It appears these social media age limitation laws born so briskly late last year are now coming of age.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

© K&L Gates LLP

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