Yoti calls on new government to update legislation, support digital IDs and prioritise online safety

profile picture Rachael Trotman 8 min read

As the new government looks ahead and plans what details to include in the new laws mentioned in the King’s Speech, we have outlined some key focus areas where leveraging technology at relatively low cost can unlock digital transformation in the UK and accelerate economic growth. 

 

Updating the Mandatory Licensing Conditions 

Whilst it’s encouraging to see the new government intends to introduce a new law protecting retail staff from verbal and physical abuse, prevention is better than cure and retailers all confirm that checking age is one of the events that triggers abuse.

We urge the new government to amend the Licensing Act 2003 so that supermarkets and licensed premises can take advantage of age assurance technology. Currently, the Act states that a ‘responsible person’ must approve the sale of alcohol. With age verification accounting for between 40 – 50% of interventions at self-checkouts, implementing this straightforward legislative change can boost business productivity, enhance customer experiences and reduce instances of verbal and physical staff assault

The 2022 Home Office sandbox digital age tech trials offered shoppers in participating supermarkets the opportunity to try two new ways to prove their age (with facial age estimation technology or a Digital ID app). The trials were overwhelmingly positive.

Customers liked the new self-checkout experience, with 70% of people saying they would use it to prove their age when buying age-restricted goods at a self-checkout. After 98,000 age checks, there were no underage sales, and with up to 40% of the age checks handled by the technology, retail staff were freed up to focus on other tasks. The technology gave shoppers a private and inclusive way to prove their age, which was particularly impactful for those who don’t own or have access to an ID document. Innovative facial age estimation was developed in the UK in 2019 but its adoption in the UK market has been prevented to date by the Mandatory Licensing Conditions.

Digital age verification has been tried and tested in live environments with positive results. The appointment of a new government presents an opportunity to support the crucial UK retail sector, with retailers and other licensed premises forming its backbone. By adopting a scientifically rigorous approach to legislation, we can foster economic growth through the implementation of innovative technology and support the retail sector, including licensed premises. 

Retailers around the world are exploring how they could benefit from these new technologies, with many inspired by the Home Office sandbox. Updating this legislation would enable the UK tech industry to lead in pioneering new and innovative age verification methods, unlocking significant societal benefits.

 

Introducing the Digital Verification Service

The need to prove our age or identity extends into many aspects of everyday life, including banking, retail, social media and financial services. Digital IDs can make it easier, safer and more private to prove who we are, but they are currently held back by a lack of supporting regulation. 

To unlock the true potential of reusable digital IDs, we encourage the new government to quickly enact into law the proposed Digital Verification Services (DVS), as part of the new Digital Information and Smart Data Bill. This framework would enable UK residents to use digital IDs with the same confidence as paper documents in more situations, which would improve the accessibility of services provided by organisations in the public and private sectors. 

Digital identities can already be used as proof of identity for right to work, right to rent and Disclosure and Barring Service checks. There has been strong demand for this service since it was first introduced in April 2022. As one of the approved Identity Service Providers, we are completing over 150,000 digital identity checks every month and are working with employers up and down the country, across many industries. The introduction of the DVS can expand the utility of digital identities to more areas, such as opening a bank account or moving house. 

The new government has said they want verification to be used more widely and thankfully there are some easy wins. If the Department of Transport requires the transport sector to accept certified digital proof of age alongside presenting physical government ID, millions of individuals will have the choice to use digital proof of age regularly to secure travel discounts across the UK. Recognising digital IDs across other sectors will ensure more people and businesses can benefit from this innovative technology. 

A digital ID can offer many benefits to businesses and individuals including enhanced verification and protection against fraud; minimised data collection and stronger privacy; streamlined verification, reduced costs; greater inclusion; improved authentication and a better customer experience. There is a growing demand for digital IDs in the UK; over 4.5m people have downloaded one of our Digital ID apps. We are calling on the new government to realise the importance of digital IDs and pass legislation that supports them to meet their full potential – something the Open Identity Exchange is also calling for.

Identity fraud fuels financial fraud, both increasing the cost of individuals doing business with businesses but also creating significant harms when individuals are scammed. Fraud is not a victimless crime and the fear of being scammed is an increasing concern to many citizens. Trusted, certified digital IDs will make many online frauds much harder for criminals to successfully execute.

We do not think the government needs to introduce compulsory, national digital ID cards. The private sector is already delivering effective, private and secure digital IDs which are free for individuals to use and low cost for businesses to accept. The government would be better to pass legislation, such as the new Digital Information and Smart Data Bill, that supports these digital IDs, rather than trying to deliver this themselves. UK residents can then choose a) whether to use a digital ID, and b) which one they would like to use. It’s about giving people the option to use a digital ID, with alternative, non-digital options also available.

 

Listening to the science around facial age estimation and taking action

The 2023 UK Online Safety Act provides a solid foundation but more can be done to improve online safety. We encourage the new government to pick up the pace of effective implementation and regulation. The longer we wait, the more children are at risk everyday of seeing inappropriate content online. 

A key part of the Act is to assess the age of users. After all, if you don’t know someone’s age or age range, such as whether they are over 13 or 18, you can’t give them an online experience appropriate for their age, and prevent younger children accessing adult material such as pornography.

The age assurance industry is well-established and mature, and already offers a variety of methods to check someone’s age online. The technology allows people to prove their age in a private way, without sharing personal information like their name or address, and in a data minimised way, for example sharing just the fact that they are ‘Over 13’, ‘Over 15’ or ‘Over 18’ and that’s all. 

Facial age estimation is a British technology success story. Yoti’s facial age estimation model was first independently certified by the Age Check Certification Scheme (ACCS) in November 2020 as accurate for under/over 18 age gating. It has also been independently tested by the National Institute of Standards and Technology (NIST) which demonstrates that it is an effective and inclusive way to check age and age ranges with an appropriate threshold. 

For the last five years, we have been transparently publishing the accuracy rates of our technology, which shows that it works for under/over 18 and under/over 13. This enables businesses to tailor content which is age appropriate; for example certain content for under 13s. The industry now needs Ofcom, the UK’s online safety regulator, to provide clarity and publish on the age thresholds companies need to use when using age assurance technology – something AVPA is also calling for. The German regulator delivered this clarity on facial age estimation back in 2021.

Our technology is being used by global brands, such as Meta, Sony PlayStation, OnlyFans and Pinterest. Both Meta and OnlyFans have gone on the record to say it is an effective way to check age and deliver age-appropriate experiences. We are pleased to support companies who are proactively choosing to introduce age assurance, ahead of recent or expected regulations being enforced. 

Unfortunately, some opponents of age assurance are still making false claims about facial age estimation – claiming that it’s facial recognition, a privacy nightmare and that it will lead to lots of data leaks. But the first claim is clearly untrue, and sensible regulation, adherence to standards and independent audits can overcome privacy fears and ensure robust treatment of data. Critics are damaging the public perception of this innovative safety technology. We encourage the new government to throw their support behind the age assurance market and the hugely positive impact it can have for online safety.