Petition Give parents/guardians a right to access social media accounts of their children

I would like to thank all those who signed the petition on this incredibly important issue. Every death is a tragedy but extremely so when it involves a young person, and I am grateful to the brave parents who continue to fight for greater protections for children online.

Children face significant harm online and the Government is committed to finding ways in which we can strengthen protections for children and support those families who have had to endure unimaginable losses. We understand that families want answers and to be able to access information about a child’s internet use following a bereavement, and it is crucial that companies respond to parents’ requests for information in a humane and transparent way.

The Online Safety Act 2023 contains several provisions which will address some of the challenges faced by parents and coroners when trying to access information from online services about a child’s activities prior to their death.

Firstly, the Act introduces measures to strengthen coroners’ ability to obtain information from online services, providing a route for the parents or guardians to see data in relation to a deceased child. These measures give Ofcom the power to require information from regulated services about a deceased child’s online activity following a request from a coroner. This includes content the child had viewed or with which they had engaged, the role algorithms and other functionalities played and any content that the child generated, uploaded or shared on the service. Where a company refuses to provide information requested by Ofcom, companies may be subject to enforcement action.

Secondly, the Act will ensure services categorised as Category 1 (major user-to-user services, such as the largest social media companies), Category 2A (major search services) or Category 2B (other categorised user-to-user services) are transparent about their policies regarding data disclosure concerning a deceased child. These services will have to set out policies on disclosing information to parents regarding the online activities of a deceased child in a clear, accessible and sufficiently detailed format in their terms of service. They must provide a written response to data requests in a timely manner and must provide a dedicated helpline, or similar means, for parents to communicate with the company to streamline the data request process. They will also be required to offer options for parents to complain when they consider a platform has not met its obligations.

We know that, in some instances, social media companies' routine processes may erase or delete data that is later required by coroners as part of an investigation into a child’s death. To address this, the new Digital Information and Smart Data Bill will establish a data preservation notice process. This would require Ofcom, on notification from a coroner, to issue a notice to specified services requiring them to retain relevant data they may have on a child which could later be required in an inquest.

The Online Safety Act does not include any measures which enable parents to access the data of a living child. Social media companies with processes in place that grant parents access to a living child’s data will need to ensure that they comply with UK GDPR and the Data Protection Act 2018. While data protection legislation does not apply to a deceased persons’ data, social media companies must still consider whether any personal data relating to third parties, such as other children that child has interacted with, is captured by a parent’s request for access, as this personal data will also be protected under UK GDPR and DPA 2018.

However, there are a range of parental control tools which give parents greater oversight of their child’s online activity. These tools enable parents to restrict child access to pre-approved sites, manage their privacy and messaging settings, and block or filter inappropriate content or websites.

In addition, the Online Safety Act ensures that all children will receive a far greater level of protection online. All in-scope services will need to take robust steps to protect children from illegal content and criminal behaviour, including by removing and limiting the spread of such content and taking steps to prevent it from appearing. Additionally, services which are likely to be accessed by children will be required to take steps to protect children from content that is legal but nevertheless harmful to them, including violent content, content that encourages suicide or self-harm, and content that encourages participation in dangerous stunts or challenges.

The Government is working closely with Ofcom to ensure the Online Safety Act is implemented as quickly, and effectively, as possible. We will continue to work with stakeholders to balance important considerations regarding the safety and privacy of children, and will continue our dialogue with bereaved parents to put their concerns at the heart of our work.

Department for Science, Innovation and Technology