Legal Update: Enhanced Information Gathering Powers for Coroners in Child Death Investigations involving Social Media

Section 124 of the recently passed Data Use and Access Act, once enacted, will mark a key development in the legal framework governing coronial investigations into child deaths involving social media. Harry Lambert is acting for a number of bereaved parents.

On Thursday 19th June 2025, the Data Use and Access Bill (now Act) 2025 or “DUAA” received Royal Assent and passed into law, although the commencement dates for each provision vary (see section 142) . The ICO has already followed suit with some useful guidance, published here.

Of particular note is section 124 which (once it is in force) will represent a key development in the legal framework governing coronial investigations in cases of child death, specifically focusing on the intersection of online safety, data preservation, and investigative powers.

The Act builds on the Online Safety Act 2023 which, readers may recall, gives Ofcom, the UK’s communications regulator, the power to obtain information from relevant services in order to support investigations into the death of a child. Specifically, when Ofcom receives a formal request from a coroner in connection with a child death investigation, Section 101 empowers Ofcom to require regulated services to provide information related to the child’s use of that service, including content encountered by the child, data on how that content was encountered and information on how the child interacted with it.

These powers are strengthened by s. 124 DUAA which will create “Data Preservation Notices” (DPNs) requiring, as the name suggests, that social media companies take immediate action to prevent the deletion or alteration of information relating to the child’s use of the service. This power is designed to combat the inherent risk that time-sensitive digital evidence will be lost or destroyed in the routine operation of systems and processes.

The process is expected to run as follows:

1. Notification and Details: The Coroner notifies Ofcom that they are conducting an investigation into a child’s death and provides key details, including:
   • The child’s name and date of birth.
   • Any known email addresses used by the child.
   • The name of any regulated service deemed relevant to the investigation.
     
2. Ofcom Notice: Once the commencement period begins, Ofcom will be able to issue a Data Preservation Notice to the provider of the identified service, mandating the retention of information related to the child’s usage. This may also be issued to other relevant persons.
   
3. Retention and Scope: The notice requires the retention of information for a period of one year, with the possibility of extending this period by a further six months. The scope of information that must be retained is limited to that which Ofcom would have the power to require under notice or which a person might need to retain to enable the person to provide information in response to a notice.
   
4. Compliance and Consequences: Failure to comply with the data preservation notice, including the intentional deletion or alteration of data, constitutes a criminal offence, potentially leading to liability for senior managers within the offending entity.

The introduction of Section 124 represents a significant step forward in ensuring that coroners have the tools necessary to conduct thorough and effective investigations into child deaths where online activity may be a factor. By requiring the retention of vital data, these measures seek to address the previous inadequacies of the law in this regard and provide a mechanism for justice and accountability in cases of online harm.

Find out more

Harry Lambert is a Coroner specializing in Product Liability and, in particular, in the intersection between new technologies and personal injury. He also practices medical technology, clinical negligence, personal injury and human rights law. He is renowned for his expertise in group litigation claims relating to these areas. Harry is one of the leading Product Liability juniors at the Bar.

To find out more about Harry, contact Paul Barton on +44 (0)20 7427 4907 or Harry Gamble on +44 (0)20 7353 6381 for a confidential discussion.

News 25 Jun, 2025