Social media age check warning by NZ regulator reflects fear beyond proposal

A New Zealand bill that mirrors Australia’s social media ban for users under 16 could lead to large scale data collection, according to New Zealand’s Office of the Privacy Commissioner (OPC).

The draft legislation, called the Social Media Age-Restricted Users Bill, mandates that social media platforms must take “reasonable steps” to keep minors off their sites by implementing “strict age verification measures to prevent under-16s from creating accounts.” The maximum pecuniary penalty for providers that contravene the law is set at $2 million New Zealand (US$1.2 million).

But Privacy Commissioner Michael Webster believes “banning under-16-year-olds from social media will be challenging in practice.”

In a statement to MLex, he says, “for example, to ensure under 16-year-olds are not accessing social media, all users over 16 will be required to verify their age. This will require the collection of large volumes of personal information of social media users beyond that which is already collected today.” This could include the collection of biometric data.

But one of the applications of biometric data that is being explored by Australia is facial age estimation, which analyzes and then discards an image, and collects no other personal information at all.

In a privacy survey the Privacy Commissioner found that the collection and use of personal information by social media platforms was the top privacy issue for New Zealanders. More than 80 percent said they wanted more control and choice over the collection and use of their personal information, and two out of three people are concerned about both the privacy of children when they use social media and the management of their own personal information by these companies.

Here again, the opinion diverges from the practices being discussed in Australia, where social media companies themselves would not necessarily collect any additional information about their users, other than their age.

Webster also points out that kids have ways of skirting rules and regulations. “A blanket ban for our children and young people may also result in them seeking workarounds, which may then expose them to online environments with little to no child-centred privacy and safety controls.”

The draft social media bill, authored by National MP Catherine Wedd under Prime Minister Christopher Luxon’s centre-right National Party, is modelled closely on Australia’s. That law, which branched off from age assurance legislation for pornography, came into being in response to concerns about addictive design practices, targeted feeds, cyberbullying, and the overall effect of social media on children’s mental health. It comes with heftier penalties for noncompliance than New Zealand’s to the tune of $50 million Australian ($32.5 million).

Webster, for one, would like to see the Kiwi law be harder on the companies that run social platforms. “If the drive for restricting social media access only to those over 16 is concern over inappropriate content, and tracking tools that put unhelpful or harmful material before young people again and again, then we need to challenge the owners and developers of these platforms,” the regulator says.

“They create and operate the technology and software, and they can change it for the better.”

Opposition to the draft bill has arisen from a libertarian grouping called ACT New Zealand. ACT leader and regulation minister David Seymour strongly opposes the bill, and in a statement asked the Education and Workforce Committee to hold an “open, transparent inquiry” to find a “workable solution that respects parental responsibility.”

In May, the regulator launched its Children’s Privacy Project aimed at educating on how children and young people’s privacy online can be protected. The OPC will surely also be watching two key developments in the ongoing global debate over age assurance: the Australian government’s Age Assurance Technology Trial, which is set to deliver a final report this month, and the U.S. Supreme Court’s decision on Free Speech Coalition v. Paxton, a case that will determine if age assurance for porn sites is allowable under the U.S. Constitution.

New Zealand hosts Asia Pacific privacy regulators 

New Zealand hosted privacy authorities from 14 jurisdictions to share information on emerging technology and challenges to privacy regulation. Privacy Commissioner Michael Webster chaired the two-day Asia Pacific Privacy Authorities (APPA) Forum.

“The APPA Forum is a great way to learn about the efforts other jurisdictions are making to anticipate and regulate global privacy disruptors such as AI and biometrics, as well as exchanging ideas about privacy regulation and the management of privacy breaches,” Webster said.

APPA 63 discussed AI, the use of biometrics for retail crime and public safety, and the importance of ensuring privacy regulation is fit for purpose in the digital age. Privacy representatives of New Zealand, Australia and the Canadian province of British Columbia presented on the theme of biometrics for retail crime and public safety.

On the second day, APPA members held four presentations and a discussion on the theme of privacy law reform and regulation in an age of disruption. These presentations emphasized the need to actively maintain regulatory frameworks in response to technological, economic and political disruptions. The presentations were made by privacy representatives from Hong Kong, South Korea, Japan, and the Australian state of Queensland.

The 14 jurisdictions that attended APPA 63 were Australia and the states of New South Wales, Victoria and Queensland, Canada and the province of British Columbia, the Hong Kong and Macao special administrative regions of China, Japan, Korea, New Zealand, Philippines, Singapore, and California of the U.S. Attendees from Brazil, Cambodia and Thailand were also present as observers.

The 64th APPA Forum will be hosted by the Personal Data Protection Bureau, Macao SAR, China.

With files from Lu-Hai Liang.

Article Topics

age verification  |  children  |  data privacy  |  legislation  |  New Zealand  |  social media