Call to secure children's online data automatically upon death
The Government faced calls in Parliament to adopt measures which would automatically secure records of a deceased youngster's online activity
Action to prevent the loss of vital digital evidence following the death of a child has been demanded at Westminster as bereaved parents campaigning for a law change looked on.
The Government faced calls in Parliament to adopt measures which would automatically secure records of a deceased youngster's online activity and so ensure it is available to the investigating coroner.
An update is also being urged to statutory guidance governing police investigations into the death of a child, making potential online harm a primary line of inquiry, providing for the swift seizure of digital devices and prompt capture of account data.
In addition, investigators would be required to report any evidence online safety legislation may have been breached to the regulator Ofcom.
The moves are being sought amid concerns the current law is not working properly and critical relevant information is being deleted or withheld by tech platforms, frustrating the hunt for justice by grieving families and further fuelling their distress.
Among those pressing for change is Ellen Roome, from Gloucestershire, who believes her 14-year-old son Jools Sweeney died while attempting an online challenge.
The internet safety campaigner, who was recently made an MBE for her work, is one of the British parents suing TikTok in the US.
Speaking in the House of Lords, the film director and child online safety champion Baroness Kidron suggested to ministers a more fitting recognition of Ms Roome and her campaigning would be for the Government to agree to the automatic collection of data or Jools' Law.
Lady Kidron told the upper chamber: "Making the preservation (of data) automatic, offering a template of what information should be preserved and publicising that fact is the minimum we can do for parents whose children have been murdered or manipulated into extreme challenges or commit suicide as a result of online anxiety."
Lady Kidron went on: "Digital and online activity is often essential to understanding how and why a child has died.
"There is no statutory guidance on how police should investigate, and in what guidance there is, there is no presumption that a phone should be checked.
"Many forces lack the expertise to know what data to collect and what devices to examine or that data immediately available may rapidly degrade or disappear.
"As a result, grieving parents are left to fend for themselves at the worst moment of their lives. If they miss that moment because the police do not know, the pain is compounded in the cruellest manner."
Tory shadow education minister Baroness Barran said: "Given how much of a child's life is now lived online, it's vital that it's investigated properly and at the earliest opportunity."
Supporting proposed amendments to the Crime and Policing Bill, she added: "They would give clarity and confidence to parents that they will get answers to their questions about the death of their child that relate to their social media usage.
"It's a disgrace that we still have a gap in legislation that potentially puts parents through more pain."
Liberal Democrat Lord Clement-Jones said: "These amendments address a singular tragic failure in our current justice system, the loss of vital digital evidence following the death of the child."
He added: "They provide the speed and technical certainty required to support bereaved families in their pursuit of justice.
"We cannot continue to allow a lack of process to obscure the truth of why a child has died, and we cannot allow the deletion of evidence to become the enemy of justice."
Former Playschool presenter and Liberal Democrat peer Baroness Benjamin, who is vice-president of the children's charity Barnardo's, said: "I strongly believe, like so many grieving parents across the country, that social media companies should not be allowed to withhold or destroy often crucial evidence which could be vital to investigation and lead to criminal convictions."
Justice minister Baroness Levitt said: "I pay tribute to every brave family who fought to understand the circumstances that led to the death of their own child."
But while updating statutory guidance for police was "attractive", the Labour frontbencher warned "being too prescriptive in legislation may create more problems than it solves" as it would require future amendment.
She also saw "the appeal" in requiring the automatic retention of online data, but pointed out this would cover all children aged five to 17 regardless of the cause of death.
Lady Levitt added: "So whilst the Government is sympathetic to the aims of these amendments, it's our view that we need carefully to consider any possible unintended consequences."
She went on: "To conclude, we are not saying no. What I am saying is that I understand the concern that the existing statutory provision for the preservation of a deceased child's social media data should operate as effectively as possible and we will consider carefully what further steps could be taken."