Germany

[DE] KJM Evaluates Partial Solutions for Age Verification Systems as Positive

IRIS 2005-10:1/18

Carmen Palzer

Institute of European Media Law (EMR), Saarbrücken/Brussels

The Commission for Youth Media Protection (KJM) has for the first time positively evaluated two partial solutions to age verification systems (AVS) for securing closed user groups on the Internet as defined by § 4 paragraph 2 line 2 of the Youth Media Protection Treaty. (JMStV). The modules are based on the plans of “fun SmartPay AVS” of fun communications ltd and “Identity Check with Q-Bit” of the SCHUFA Holding AG (an organisation involved with loans).

In the KJM's opinion, an age verification system can only fulfil the requirements of the JMStv treaty, if firstly, the user's age may be verified through a personal identity check and secondly, if such a check takes places each time the system is used. These criteria remain unchanged; what is new is that under certain conditions there may be recourse to a further personal identity check.

“fun SmartPay AVS”, for example, makes use of the personal identity check made when opening a bank account. The latest version of electronic bank cards are equipped with chips authorising the bank customer to use various functions via information on their age. This is the youth protection feature used by “fun SmartPay AVS“. The identity of users of closed user groups on the Internet is verified using a chip card-reader, where the data stored in the chip on the bank card is checked out. The “Identity-Check with Q-Bit“ of the SCHUFA uses an alternative, already-used approach to identifying the user.