BRASILIA, Brazil — Brazil’s National Data Protection Authority, known as the ANPD, on Friday opened a public consultation focused on age verification systems under the country’s Digital Statute for Children and Adolescents, or Digital ECA. The law requires adult websites to verify the ages of users located in Brazil, and regulators are now moving deeper into the details of how that process could work in practice. It’s the kind of policy rollout that sounds technical on paper, but behind the scenes, it touches everything from privacy concerns to platform compliance.
According to a statement released by the ANPD, the consultation began Friday and will continue through July 9. The process is intended to update the agency’s preliminary guidelines on age verification, which were first published in March. Regulators appear to be refining the framework as feedback continues to come in from companies, legal experts and members of the public.
ANPD Superintendent of Regulation Lucas Borges de Carvalho said, “The Age Verification Guide is an important milestone for the implementation of the Digital ECA. The guidelines presented to society in this consultation seek to establish the regulatory conditions for guaranteeing the rights of children and adolescents in the digital environment and to provide greater predictability and legal certainty in the implementation of the new rules.”
Earlier this year, the ANPD also sought public comment on the broader interpretation and application of the Digital ECA. That consultation, which remains ongoing until June 15, is aimed at clarifying how the law applies to suppliers of information technology products and services, including providers of adult content. Brazilian President Luiz Inácio Lula da Silva signed the legislation into law in March, setting the stage for a new regulatory framework that reaches well beyond Brazil’s borders.
The law requires providers of adult content to use age verification measures that go beyond simple self-declaration, and it applies regardless of where a website operator is based. Alongside the preliminary guidance on implementation, the ANPD has also outlined a phased compliance strategy as enforcement expands. Stage 1, which is currently underway, includes the public consultation process now taking place.
According to the ANPD, the final version of the age verification guide will build on the preliminary recommendations and address “the digital chain of responsibilities and specific requirements for the use of technical solutions such as facial recognition and document verification.” Those technologies have increasingly become part of the global conversation around online age checks — useful to some, concerning to others, and complicated for nearly everyone involved.
Individuals who want to submit comments, questions or suggestions through the consultation portal may still do so during the review period. Non-Brazilian participants using the system are required to provide passport information as part of the submission process.
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