Debate on access to children’s social media accounts

John Woodhouse

E-petition 661407 called for parents/guardians “to have the right to be given access to their children’s social media accounts, by social media providers, both when the child is alive and if they are deceased.” The petitioner gave this context:

My son Jools was 14 when he took his life in 2022. At the time the new coroner’s powers to request social media access were not in force. However, I also think this is too late.

Since my son’s death, I have not been able to access information to see what my son was looking at that could have contributed to him taking his own life.

Parents should have the right to full access to their child’s social media accounts either whilst they are still alive (to protect them) or if they die as in my case.

The petition, which closed on 30 May 2024 because of the general election, received over 126,000 signatures.

In its response of 20 August 2024, the government said the Online Safety Act 2023 addressed some of the challenges faced by parents and coroners when trying to access information about a child’s online 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.

The government’s response notes that the 2023 act does not enable parents to access the data of a living child. It also explains that data protection law applies to any processes allowing parents access to living children’s personal data:

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.

The government said that the Data (Use and Access) Bill [HL] [referred to in the government’s response as the Digital Information and Smart Data Bill] would 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 Data (Use and Access) Bill [HL]

The Data (Use and Acceess) Bill [HL] was introduced in the House of Lords on 23 October 2024. The bill completed its committee stage on 18 December 2024. Report stage is scheduled for 21 January 2025. Clause 122 of the bill (PDF), as amended in committee, deals with the data preservation measures. For further background, see paragraphs 51-55 of the bill’s explanatory notes (PDF) and pages 56-8 of the Lords library briefing on the bill (PDF)(November 2024). When the bill has completed its stages in the Lords, it will then be considered by the House of Commons.