How Old Are You Really? OPC Launches Public Consultation On Privacy-Protective Age Assurance

On June 10, 2024, the Office of the Privacy Commissioner of Canada (OPC) announced an exploratory consultation seeking public comments on privacy-protective age assurance with a goal of developing a future guidance document on the design and use of age-assurance systems.

In general, the term “age assurance” refers to different techniques of determining the age (or age group) of an individual user of an online service with varying levels of specificity and certainty, such as age declaration, age verification, and age estimation.  Age assurance can be an effective way to promote online safety for young people by restricting access to harmful content and directing them to a version of an online service that uses data practices tailored to young people.

In its consultation document, the OPC sets out its current understanding of, and preliminary position on, privacy and age assurance.  Specifically, the OPC states that it is possible to design and use age-assurance systems in a privacy-protective manner where the use of such systems should be restricted to cases that pose high risk to the best interests of young people, and must consider the impact on the privacy rights of young persons and adult users of the online service.  

While acknowledging privacy concerns around age assurance, the OPC further suggests that age-assurance systems should:

• be designed to minimize the identifiability of users and the ability to link users across services;
• not permit information collected for age-assurance purposes to be used for other purposes;
• be designed in accordance with relevant industry standards and guidance from regulators and be subject to effective oversight; and
• not require individuals to undergo an age assurance process to access non-restricted content.

The OPC notes that its position is subject to change based on the feedback received in the consultation.  The OPC seeks to gain further understanding of the benefits, concerns, and existing research associated with age assurance.

The consultation period is open until September 10, 2024.  For details on how to participate, please see here.

Summary By: Anna Troshchynsky