New regulations concerning age verification are on the horizon for app stores in Texas. This means that users may soon need to present identification in order to access downloads from both Google Play and Apple App stores, irrespective of the application’s content.

This week, Governor Greg Abbott signed the Texas App Store Accountability Act, which is scheduled to be implemented at the start of next year. Designed to enhance the safety of children online, this legislation raises significant concerns regarding user privacy and data protection.

Requirements for Age Verification in Texas

The newly enacted Texas law will mandate that both Google and Apple authenticate the age of all app users before they are permitted to download any applications from their platforms, even those that do not involve sensitive or age-restricted material. For minor users, parental consent will be necessary for both downloading apps and making purchases, and app stores must ensure that parents or guardians have the legal authority to make these decisions on behalf of their children. Additionally, app stores will need to disclose the age categories of users (child, young teen, older teen, or adult) to app developers.

Details of the verification process are still being finalized, but it is anticipated that Google and Apple will need to gather some type of identification from users—be it a driver’s license, passport, or other government-issued documents, or potentially even biometric data like facial recognition. Parents wishing to verify their minor children will need to supply additional documentation proving their guardianship.

Earlier in the year, Utah implemented a similar policy that also holds app stores accountable for age verification, although its requirements are somewhat less stringent.

Privacy Concerns Related to Age Verification

Concerns regarding privacy have been voiced by experts, including representatives from both Apple and Google, highlighting the potential privacy infringements posed by age verification protocols. The requirement for all users to provide sensitive information through data-rich documents to verify age is viewed as a form of digital surveillance. This policy generates a long-lasting record of online activity, amplifying risks related to the misuse, sharing, or sale of personal data, in stark contrast to physical ID checks, which are fleeting and non-intrusive.

Additionally, the process involves security issues surrounding how this sensitive data is collected and safeguarded. With data breaches becoming increasingly commonplace by 2025, individuals may find themselves uninformed about how their information is utilized and stored—often without their consent—leaving them with little means for recourse if compromised.

Aaron Mackey, the litigation director for free speech and transparency at the Electronic Frontier Foundation (EFF), emphasizes that the Texas law lacks protections for user data, such as restrictions on data collection and retention protocols. This raises concerns that app stores may need to engage third-party verification services to meet the requirements, resulting in user data being accessible to various entities.

Both the EFF and the ACLU argue that these online age verification mandates could infringe upon First Amendment rights. Limitations on free speech may arise when users cannot access protected content due to issues such as the inability to provide valid identification, inaccuracies in facial recognition, or challenges in obtaining parental consent, ultimately forcing individuals to choose between their privacy and online access.

“The necessity of providing personal information just to download an app due to government constraints raises serious concerns about the fate of my data, leading me to reconsider using the app or the app store altogether,” states Mackey.