Business Maverick: UK data regulator tackles porn sites over children’s access

The new enforcement plans are a reversal for the ICO, which had previously maintained that services aimed at adults weren’t subject to the Children’s Code or Age Appropriate Design Code, a set of rules that guide how the UK Data Protection Act should be applied to digital services for children. It also follows a Bloomberg News report last month that showed the regulator hadn’t enforced a single child-protection case in the two years since the Children’s Code came into effect.

The organisations – including the National Society for the Prevention of Cruelty to Children, children’s charity Barnardo’s and 5Rights, which advocates for child-safe digital design – said that allowing children to access adult-only services poses risks to data-protection in addition to exposing them to harmful content.

“We have revised our position,” Edwards said. “We now accept that if there are a significant number of children accessing the sites, they are in the aegis of the code.” “We now accept that if there are a significant number of children accessing the sites, they are in the aegis of the code.”“It’s brilliant news if the ICO is going to move against these porn sites who have known for a very long time that what they are doing is wrong, but never felt any legal pressure to do anything,” said John Carr, from the Children’s Charities Coalition on Internet Safety, which spearheaded the legal challenge. “These sites shouldn’t be processing children’s data.

The ICO will engage with adult-only services, such as Pornhub and xHamster, to make it clear that they must comply with the code by preventing children’s access. If a company can show their services are not accessed by a significant number of children, Edwards said, they would not be subject to the code. The regulator was yet to determine the threshold for what it would consider to be a “significant” number of children, he added.

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