Protection of Children (Digital Safety and Data Protection) Bill

On 16 October 2024, Josh MacAlister (Labour), presented the Protection of Children (Digital Safety and Data Protection) Bill to Parliament after being drawn fifth in the private members’ bill ballot for the 2024-25 session. The bill is scheduled to have its second reading in the House of Commons on 7 March 2025.

What would the bill do?

Clause 1 would require, within 12 months of the passing of the act, the Chief Medical Officers of the United Kingdom (“the UK CMOs”), to prepare and publish advice for parents and carers on the use of smartphones and social media use by children. In preparing the advice, the UK CMOs would need to have regard to:

(a) the paper published on 7 February 2019 entitled “United Kingdom Chief Medical Officers’ commentary on ‘Screen-based activities and children and young people’s mental health and psychosocial wellbeing: a systematic map of reviews’”, and

(b) any scientific or other developments since the publication of that paper which appear to the UK CMOs to be relevant.

Under clause 2, within 12 months of the passing of the act, the Secretary of State for Science, Innovation and Technology would have to “publish a plan for research into the impact of use of social media on children”.

Under clause 3, on the day on which the plan under section 2 was published, the secretary of state would have to publish an assessment of:

(a) the extent to which the experiences children are having online are age-appropriate, and

(b) the appropriateness and effectiveness of the digital age of consent.

The assessment would have to contain a statement by the secretary of state on whether the digital age of consent should be increased. For the purposes of the act, “the digital age of consent” would mean the age specified in article 8 of the UK General Data Protection Regulation at which a child may give consent to the processing of their personal data in relation to information society services. The age is currently 13.

The bill would extend to England and Wales, Scotland and Northern Ireland.