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TechCan minors under 16 years of age be banned from social media? Spain faces the technical challenge of verifying age without compromising privacy

Can minors under 16 years of age be banned from social media? Spain faces the technical challenge of verifying age without compromising privacy

Spain Moves to Ban Social Media Access for Under-16s Amid Privacy Concerns

Spain’s government has announced groundbreaking legislation to prohibit social media access for minors under 16, marking one of Europe’s strictest digital protection measures. Prime Minister Pedro Sánchez’s administration revealed the plan as part of a broader package of laws that will also introduce mandatory age verification systems and hold platform managers criminally responsible for published content.

The Implementation Challenge

While the law mandates platforms like Instagram, TikTok, YouTube, and Facebook to implement age verification systems, significant questions remain about execution methods. Digital rights experts highlight a critical tension between child protection and privacy preservation. As the Electronic Frontier Foundation warns: “Age verification systems are surveillance systems in essence – we risk creating an internet where anonymity is extinct.”

A young woman with a cell phone / NOEMÍ CABALLERO

Verification Methods Under Scrutiny

Spanish authorities face complex technical choices for age verification:

Document-Based Systems

Traditional methods like credit card checks or ID scanning present significant flaws. A 2024 Ofcom survey reveals 22% of UK minors falsify their age to access platforms, while Spain’s Data Protection Agency has previously ruled ID scanning constitutes excessive privacy intrusion in analogous cases.

Biometric Alternatives

Facial recognition technology raises new concerns despite wider adoption. Platforms like Facebook already use algorithms analyzing selfies to estimate age, but tests by Le Monde showed systems can be fooled using photos of public figures like Donald Trump. Additional challenges include:

  • Accuracy gaps distinguishing 15 vs. 17-year-olds
  • Documented racial and gender biases in AI systems
  • Biometric data security risks

“Web We Want Festival” facial recognition software demonstration / Pete Woodhead / CC

A European Solution on the Horizon?

Digital identity expert Paloma Llaneza, director at Raza Legaltech, advocates for the forthcoming European Digital Identity Wallet (EUDI Wallet) as a privacy-conscious alternative. This EU-wide system, scheduled for Spanish rollout in late 2026, uses Zero Knowledge Proof cryptography – allowing age verification via QR codes without sharing personal data.

Enforcement Uncertainties

Josep Maria Suelves, researcher at UOC’s Behavioral Design Lab, cautions: “Without guaranteed compliance mechanisms, this could become a cosmetic measure.” The 2-year gap before EUDI implementation creates immediate enforcement challenges, potentially requiring interim solutions that may compromise privacy protections.

As platforms and policymakers grapple with these complex trade-offs, Spain’s move signals a broader global trend toward stricter youth digital protections. The law’s ultimate impact will depend on balancing child safety with fundamental digital rights – a challenge facing democracies worldwide.

Images Credit: www.diariodemallorca.es

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