23b Approval of Age Verification Providers
Clause 23, page 26, line 31, at the end insert___
(1) Age verification providers must be approved by the Age Verification Regulator.
(2) In this section an “age verification provider” means a person who appears to the Age Verification Regulator to provide, in the course of a business, a service used by a person to ensure that pornographic material is not normally accessible by persons under the age of 18.
(3) The Age Verification Regulator must publish a Code of Practice to be approved by the Secretary of State and laid before Parliament.
(4) The Code will include provisions to ensure that Age Verification Providers,
- (a) perform a Data Protection Impact Assessment and make this publicly available,
- (b) take full and appropriate measures to ensure the accuracy, security and confidentiality of the data of their users,
- (c) minimise the processing of personal information to that which is necessary for the purposes of Age Verification,
- (d) do not disclose the identity of individuals verifying their age to persons making pornography available on the internet,
- (e) take full and appropriate measures to ensure that their services do not enable persons making pornography available on the internet to identify users of their sites or services across differing sites or services,
- (f) do not create security risks for third parties or adversely impact security systems or cyber security,
- (h) comply with a set standard of accuracy in verifying the age of users;
(5) The Code will include provisions to ensure that publishers of pornographic material take full and appropriate measures to allow their users to choose the Age Verification Provider of their preference.
(6) Age Verification Providers and publishers of pornographic material must comply with the Code of Practice.
(7) To the extent that a term of a contract purports to prevent or restrict the doing of any act required to comply with the Code, that term is unenforceable.