My noble friend rightly pulled me up for not responding to her letter as speedily as we have been dealing with the questions raised by the noble Baroness, Lady Kidron. We have had some useful meetings with Ministers at the Ministry of Justice, which the noble Baroness has attended. I would be very happy to provide some detail on this to my noble friend—I am conscious of her experience as Victims’ Commissioner—either in writing or to organise a briefing if she would welcome that.
The noble Lord, Lord Allan of Hallam, rightly raised data protection. Where Ofcom and companies are required to respond to coroners’ requests for information, they are already required to comply with personal data protection legislation, which protects the privacy of other users. This may include the redaction of information that would identify other users. We are
also exploring whether guidance from the Information Commissioner's Office could support technology companies to understand how data protection law applies in such cases.
The noble Lord mentioned the challenges of potential conflicts of law around the world. Where there is a conflict of laws—for example, due to data protection laws in other jurisdictions—Ofcom will need to consider the best way forward on a case-by-case basis. For example, it may request alternative information which could be disclosed, and which would provide insight into a particular issue. We will seek to engage our American counterparts to understand any potential and unintended barriers created by the US Stored Communications Act. I can reassure the noble Lord that these matters are in our mind.
We are also aware of the importance of data preservation to both coroners and bereaved parents. The Government agree with the principle of ensuring that these are preserved. We will be working towards solving this in the Data Protection and Digital Information Bill. In addition, we will explore whether there are further options to improve outcomes for parents in that Bill as well. I want to assure noble Lords and the families watching this debate closely that we will do all we can to deliver the necessary changes to give coroners and parents the information that they seek and to ensure a more straightforward and humane process in the future.
I turn in detail to the amendments the noble Baroness, Lady Kidron, brought forward. First, Amendments 215 and 216 include new requirements on Ofcom, seeking to ensure that coroners and parents can obtain data from social media companies after the death of a child. Amendment 215 would give Ofcom the ability to impose senior management liability on an individual in cases where a coroner has issued a notice requiring evidence to be provided in an inquest into the death of a child. Amendment 216 would put Ofcom’s powers at the disposal of a coroner or close relatives of a deceased child so that Ofcom would be obliged to require information from platforms or other persons about the social media activity of a deceased child. It also requires service providers to provide a point of contact. Amendments 198 and 199 are consequential to this.
As I said, we agree with the intent of the noble Baroness’s amendments and we will deal with it in the package that we will bring forward before Report. Our changes to the Bill will seek to ensure that Ofcom has the powers it needs to support coroners and their equivalents in Scotland, so that they have access to the information they need to conduct investigations into a child’s death where social media may have played a part.
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We also agree on the importance of greater transparency and accountability from companies and clearer communication with parents. We have had a useful debate about whether it is best to have a single named person or a group of people. As my noble friend Lady Newlove rightly pointed out, with staff turnover and people taking leave, it may be that a team of people is more appropriate. But what is essential is that there is human and humane contact for people to
engage with companies. We will introduce further measures that require greater clarity from services and create new lines of communication with parents.
We are separately exploring further solutions which can be brought forward in the Data Protection and Digital Information Bill, which will ensure that the myriad issues bereaved parents face in the context of their child’s death are addressed in line with the proposals that the noble Baroness has brought forward.
Noble Lords rightly asked when they may see the proposals. We will bring forward further details ahead of Report, but I am very happy to commit to sharing the draft clauses with the noble Baroness, Lady Kidron, in the first instance. It would be very helpful to us all, the Government included, for her to cast her expert eye over them. I hope that she will welcome this and I am very grateful to noble Lords for their contributions to the debate.