CAADCA Section 1798.99.31(a)(5) - Estimate the age of child users, or apply children's protections to all consumers (remanded)

Where this comes from

Who it applies to

What engineering work it implies

Related obligations

Where the same control satisfies more than one framework — comply once, cover many.

• Australia Online Safety Act 2021Harmonized
  Implement age assurance measures to prevent children under 16 from accessing social media and to restrict access to age-restricted contentOnline Safety Act 2021 (Cth), Part 4A, ss 63C-63D, 63DA-63DB - Social media minimum age: reasonable steps to prevent under-16s having accounts; information that must not be collected
• Ireland Online Safety CodeHarmonized
  Where the terms do not preclude adult-only video content, implement effective age assurance (not self-declaration alone) so children cannot normally see it, and keep the age data out of commercial useOnline Safety Code, Part B s 12 (para 12.10) - Age assurance for adult-only video content; Part A s 10 (paras 10.6(f), 10.8, 10.9); s 17 (para 17.2)
• UK Age Appropriate Design CodeEquivalent requirement
  Verify user age with certainty proportionate to risk, or apply code to all usersStandard 3 — Age appropriate application (ICO Age Appropriate Design Code, statutory guidance under DPA 2018 s 123)
• UK Age Appropriate Design CodeHarmonized
  Age verification methods must be proportionate, robust, and data-minimizingStandard 3 — Age appropriate application: age estimation/verification methods (ICO Age Appropriate Design Code, statutory guidance under DPA 2018 s 123)
• UK Online Safety Act 2023Harmonized
  Services likely to be accessed by children must use proportionate and effective age assurance measures compliant with Ofcom standards for accuracy, privacy, and accessibilitySection 82 - OFCOM's guidance about the duties in section 81 (Part 5 highly effective age assurance), read with section 53

Evidence an auditor expects

• Technical controlTechnical audit

  Age estimation mechanism

  Technical documentation of age estimation/verification method proportionate to risk

• Test resultsTechnical auditRecommended

  Age estimation accuracy testing

  Test results showing age estimation effectiveness and error rates

Questions people ask

Does CAADCA Section 1798.99.31(a)(5) - Estimate the age of child users, or apply c… apply to my service?

It applies when Service is likely to be accessed by children under 18; Youngest user age is Under 13, 13-15 or 16-17; Service requires/offers account registration. It does not apply where The level of certainty required is that appropriate to the risks arising from the data management practices of the business, and age assurance must be proportionate to the risks and data practice of the service. (Cal. Civ. Code § 1798.99.31(a)(5) and (b)(8)).

From when does this apply?

CAADCA Section 1798.99.31(a)(5) - Estimate the age of child users, or apply c… applies from 1 July 2024. Its current status is: in force.

What evidence does an auditor expect?

Age estimation mechanism; Age estimation accuracy testing.