Age Verification Certification Program
The Age Verification Certification and Compliance Act establishes a state certification program for age verification providers to ensure robust privacy, security, and minimal data retention standards. It aims to enhance trust in age verification systems, support businesses in compliance, and protect user information.The Act ensures rigorous standards and accountability while promoting safe and effective age verification practices.
Key Provisions
Certification Standards: Providers must meet strict privacy, security, and transparency requirements, verified through audits and evaluations.
Seal of Compliance: Websites using certified providers can display a state-issued seal to signal adherence to state standards, boosting public confidence.
Oversight and Enforcement: The state will oversee certification, handle complaints, and impose penalties for non-compliance, including fines and certification revocation.
Privacy and Security Safeguards: Certified providers must anonymize or delete user data post-verification and prohibit its use for other purposes.
Public Awareness: Educational campaigns will inform consumers and businesses about the program and compliance resources.
Model Language
Section 1. Short Title: This Act may be cited as the “Age Verification Certification and Compliance Act.”
Section 2. Definitions
Age Verification Provider: Any entity offering technology or services to verify age of individuals accessing restricted content.
Seal of Compliance: A certification mark issued by the state to websites that use certified age verification providers, indicating compliance with state standards.
Certified Provider: An age verification provider that meets the standards set by this Act and has been certified by the [State Certification Authority].
Minimal Data Retention: The practice of retaining only the data necessary for verification purposes and immediately anonymizing or deleting it after the process is completed.
Section 3. Age Verification Certification Program
(a) Establishment of Certification Standards: The [State Certification Authority] shall develop and enforce rigorous standards for age verification providers, including:
Robust security measures to prevent unauthorized access.
Protections to ensure users’ data is anonymized or deleted immediately post- verification.
Transparency requirements for providers to disclose their data handling practices.
User-friendly interfaces to minimize the burden of verification while maintaining accuracy.
Providers must demonstrate compliance through audits, documentation, and pre-certification testing.
(b) Application Process for Providers: Age verification providers may apply for certification by submitting documentation and undergoing an evaluation by the [State Certification Authority]. Providers must pay a certification fee, determined by the state, to cover administrative costs.
(c) Renewal of Certification: Certifications shall be valid for two years and must be renewed through a re-evaluation process.
Section 4. Seal of Compliance for Websites
(a) Eligibility for Seal of Compliance: Websites hosting age-restricted content may display a state-issued “Seal of Compliance” if they use a certified age verification provider. The Seal of Compliance shall be prominently displayed on the website’s homepage or login page.
(b) Public Confidence: The Seal of Compliance indicates adherence to state standards for secure and private age verification, offering users confidence in the protection of their personal data.
Section 5. Oversight and Enforcement
(a) Regulatory Authority: The [State Certification Authority] shall oversee the certification program, monitor compliance, and handle complaints related to certified providers or Seal of Compliance misuse.
(b) Penalties for Non-Compliance: Providers or websites falsely claiming certification or displaying the Seal of Compliance without authorization shall be subject to fines of up to $50,000 per incident. Certified providers failing to meet ongoing standards may have their certification revoked and face additional penalties.
Section 6. Privacy and Security Safeguards
(a) Privacy Requirements: Certified providers must comply with strict privacy standards, including:
1. Anonymization or deletion of user data immediately after verification.
2. Prohibiting the use of verification data for purposes beyond confirming age.
(b) Security Requirements: Providers must implement advanced encryption and cybersecurity measures to protect user data from breaches or unauthorized access.
Section 7. Public Awareness Campaign
(a) Consumer Education: The [State Certification Authority] shall conduct campaigns to educate consumers about the certification program, the Seal of Compliance, and certified provider identification.
(b) Business Outreach: The state shall provide resources to assist websites in selecting providers and understanding compliance requirements.
Section 8. Reporting and Accountability
(a) Annual Reports: The [State Certification Authority] shall publish an annual report detailing the number of certified providers, Seal of Compliance recipients, and any enforcement actions taken.
(b) Audit Requirements: Certified providers must submit to regular audits to ensure continued compliance with certification standards.
Section 9. Severability: If any provision of this Act is held invalid, the remaining provisions shall remain in full force and effect.
Section 10. Effective Date: This Act shall take effect 180 days after passage, with full implementation required within one year.