Spain to Require Digital ID for Adults to Access Online Porn

MADRID—The government of Spanish Prime Minister Pedro Sánchez intends to implement age verification to access adult content on the internet across the board to prevent minors from viewing age-restricted websites.  Rather than adopting a data minimization approach or relying on age estimation technology aided by artificial intelligence, Spain’s data regulator Agencia Española de Protección de Datos (AEPD) is developing a process to require web users to utilize a digital ID card.  The Royal Spanish Mint will be directed to develop the digital ID technology following recommendations from the AEPD. One format floated by the agency is that a user will download an app on their mobile device, a QR code, or some other type of digital document verifying their age through a government ID, health or residence cards, a driver's license, or a passport. AEPD says that this approach minimizes risks of a data breach since third parties—such as a private sector age verification software vendor or a regulated platform—will not be able to access a user's sensitive personally identifiable information. This approach is backed by proponents of age verification requirements in countries such as France, the United Kingdom, and select jurisdictions in the United States. Unfortunately, there is no guarantee of sensitive personally identifiable information being safe in the hands of a government agency or private company. Consider a case that occurred in Louisiana, which was the first U.S. state to require an ID to view adult content. Seeking to comply with the law, the tube site Pornhub adopted an age verification solution that integrated with the state's digital identification app, LA Wallet. LA Wallet, which is developed by the software company Envoc, provides an age check measure that requires a user looking to access age-restricted material to take a scan of their government identification card. This led to a significant drop in local traffic and spike in searches for ways to circumvent a regional age gate, like VPNs.  Months after the deployment of LA Wallet by Pornhub, the company and the agency administering the digital wallet program were victims of a data breach. A local news report indicates that over 6 million records from the Louisiana Office of Motor Vehicles were exposed by hackers in June 2023. Names, addresses, ID numbers, social security numbers, height, weight and eye colors were exposed in a breach of a file transfer protocol app called MoveIt, which is used by governments globally. A ransomware gang called Clop attacked MoveIt, targeting government agencies all over the world.  Even with the best intention and risk mitigation, AEPD will not be able to completely prevent a breach of data. That is one major concern among critics of age verification.  In the same regulatory push, the Spanish Education Minister, Pilar Alegria, floated the concept of totally banning the use of cell phones and mobile devices by pupils during designated educational instruction times.  The United Kingdom recently proposed age verification regulations in accordance with its Online Safety Act.  France also adopted legislation requiring age checks in order to access pornography.  Age verification legislation was delayed by the Australian government in a bid to seek industry input.  AEPD says that it will consult with Spanish firms and global technology companies on age verification rules. Image by Carlotta Silvestrini from Pixabay