PART 4Other duties of providers of regulated user-to-user services and regulated search services
CHAPTER 1User identity verification
I264User identity verification
1
A provider of a Category 1 service must offer all adult users of the service the option to verify their identity (if identity verification is not required for access to the service).
2
The verification process may be of any kind (and in particular, it need not require documentation to be provided).
3
A provider of a Category 1 service must include clear and accessible provisions in the terms of service explaining how the verification process works.
4
If a person is the provider of more than one Category 1 service, the duties set out in this section apply in relation to each such service.
5
The duty set out in subsection (1) applies in relation to all adult users, not just those who begin to use a service after that duty begins to apply.
6
The duties set out in this section extend only to—
a
the user-to-user part of a service, and
b
the design, operation and use of a service in the United Kingdom.
7
For the purposes of this section a person is an “adult user” of a service if the person is an adult in the United Kingdom who—
a
is a user of the service, or
b
seeks to begin to use the service (for example by setting up an account).
8
For the meaning of “Category 1 service”, see section 95 (register of categories of services).
I165OFCOM’s guidance about user identity verification
1
OFCOM must produce guidance for providers of Category 1 services to assist them in complying with the duty set out in section 64(1).
2
In producing the guidance (including revised or replacement guidance), OFCOM must have particular regard to the desirability of ensuring that providers of Category 1 services offer users a form of identity verification likely to be available to vulnerable adult users.
3
Before producing the guidance (including revised or replacement guidance), OFCOM must consult—
a
the Information Commissioner,
b
persons whom OFCOM consider to have technological expertise relevant to the duty set out in section 64(1),
c
persons who appear to OFCOM to represent the interests of vulnerable adult users of Category 1 services, and
d
such other persons as OFCOM consider appropriate.
4
OFCOM must publish the guidance (and any revised or replacement guidance).