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ICO guidance on data protection and age assurance
5.7The data protection principles are the cornerstone of the UK GDPR.39 The ICO guidance
includes the data protection principles for UK GDPR which are:
• Lawfulness, fairness and transparency;40
• Purpose limitation;41
38 ICO, 2023. A guide to the data protection principles; ICO, A guide to lawful basis; and ICO, Individual rights –
guidance and resources. ICO Guidance on controllers/ processors.
39 For an overview of each principle, see the ICO’s guide to the data protection principles.
40 ICO, Principle (a): Lawfulness, fairness and transparency.
41 ICO, Principle (b): Purpose limitation.
22
• Data minimisation;42
• Accuracy;43
• Storage limitation;44
• Security;45 and
• Accountability.46
5.8To assist in implementing age assurance while protecting user privacy, service providers
should familiarise themselves with the ICO’s Children’s code, and the Commissioner’s
Opinion on Age Assurance for the Children’s code.
5.9The ICO’s Children’s code is a statutory code of practice which sets out 15 standards that
internet society services likely to be accessed by children should conform with and
demonstrate that their services use children’s data fairly and in compliance with data
protection law. The standards include that the best interests of the child should be a
primary consideration when designing and developing online services likely to be accessed
by children. Services should take the standards of the Children’s code into account when
implementing highly effective age assurance.47
5.10The Opinion outlines how the data protection principles and other requirements can be
considered in the context of age assurance. In particular, the Opinion explains how age
assurance can form part of an appropriate and proportionate approach to reducing or
eliminating the personal information risks children face online and enabling conformance
with the Children’s code. The considerations set out in the Opinion are technology neutral,
making them applicable to any kind of age assurance.48
Full captured verbatim text
5.7 The data protection principles are the cornerstone of the UK GDPR.39 The ICO guidance includes the data protection principles for UK GDPR which are: • Lawfulness, fairness and transparency;40 • Purpose limitation;41 38 ICO, 2023. A guide to the data protection principles; ICO, A guide to lawful basis; and ICO, Individual rights – guidance and resources. ICO Guidance on controllers/ processors. 39 For an overview of each principle, see the ICO’s guide to the data protection principles. 40 ICO, Principle (a): Lawfulness, fairness and transparency. 41 ICO, Principle (b): Purpose limitation. 22 • Data minimisation;42 • Accuracy;43 • Storage limitation;44 • Security;45 and • Accountability.46 5.8 To assist in implementing age assurance while protecting user privacy, service providers should familiarise themselves with the ICO’s Children’s code, and the Commissioner’s Opinion on Age Assurance for the Children’s code. 5.9 The ICO’s Children’s code is a statutory code of practice which sets out 15 standards that internet society services likely to be accessed by children should conform with and demonstrate that their services use children’s data fairly and in compliance with data protection law. The standards include that the best interests of the child should be a primary consideration when designing and developing online services likely to be accessed by children. Services should take the standards of the Children’s code into account when implementing highly effective age assurance.47 5.10 The Opinion outlines how the data protection principles and other requirements can be considered in the context of age assurance. In particular, the Opinion explains how age assurance can form part of an appropriate and proportionate approach to reducing or eliminating the personal information risks children face online and enabling conformance with the Children’s code. The considerations set out in the Opinion are technology neutral, making them applicable to any kind of age assurance.48