Preserving children’s online evidence after tragedy
The United Kingdom’s Crime and Policing Act 2026 creates a framework to preserve relevant online data after the death of a child. Senior coroners in England and Wales must normally notify Ofcom within five working days when a child aged 5 to 17 dies, allowing Ofcom to issue Data Preservation Notices to specified online services.
What it could improve
The framework can prevent potentially important records from being deleted before an inquest or investigation establishes whether online activity contributed to a child’s death. A notice initially lasts six months and may be extended. The regime also gives Ofcom enforcement powers, with significant maximum penalties for non-compliance.
What remains unresolved
Preserving evidence supports investigation and accountability after tragedy. It does not replace the preventive design and coordinated protection needed before harm occurs.
- Notices must be targeted and proportionate because preserved data may include highly sensitive information about the child and other people.
- Supporting regulations separately define which services are automatically covered, so practical reach depends on those rules and Ofcom’s implementation.
- Preserved records need secure handling, clear access controls, retention limits and deletion once the lawful purpose ends.
- Evidence may remain fragmented across platforms, devices and accounts, especially when a child used shared, anonymous or inaccurate accounts.
- Investigations should examine system design, recommendations and contact pathways, not only the child’s individual choices or messages.
- Lessons from preserved evidence need to feed back into prevention, regulatory standards and safer product design.
The Child-Friendly Internet perspective
The framework strengthens retrospective accountability, but a Child-Friendly Internet should aim to prevent the same harms earlier. Services, devices and networks should apply age-appropriate safeguards, identify dangerous patterns within lawful limits and provide effective reporting and support. Preservation should then help regulators understand systemic failures without treating a child’s complete digital life as an unrestricted evidence store.
- Use strict necessity, proportionality, security and deletion rules for preserved information.
- Examine service design and ecosystem failures, not only individual behaviour.
- Translate lessons from inquests into measurable preventive duties and independent oversight.
- Ensure families and coroners can obtain relevant evidence without creating broad surveillance of children.
- Pair post-incident accountability with Safe by Design and privacy-preserving protection before harm occurs.
The central question
How can evidence preserved after a child’s death drive preventive change while respecting the privacy of the child and everyone connected to the data?