Section 124(3)

In section 101 (information in connection with investigation into death of child)— before subsection (1) insert— Subsection (C1) applies if a senior coroner (in England and Wales), a procurator fiscal (in Scotland) or a coroner (in Northern Ireland) (“the investigating authority”)— notifies OFCOM that they are conducting an investigation in connection with the death of a child, and provides OFCOM with the details in subsection (B1). The details are— the name of the child who has died, the child’s date of birth, any email addresses used by the child (so far as the investigating authority knows), and if any regulated service has been brought to the attention of the investigating authority as being of interest in connection with the child’s death, the name of the service. Where this subsection applies, OFCOM— must give a notice to the provider of a service within subsection (E1) requiring the provider to ensure the retention of information relating to the use of the service by the child who has died, and may give a notice to any other relevant person requiring the person to ensure the retention of information relating to the use of a service within subsection (E1) by that child. The references in subsection (C1) to ensuring the retention of information relating to the child’s use of a service include taking all reasonable steps, without delay, to prevent the deletion of such information by the routine operation of systems or processes. A service is within this subsection if it is— a regulated service of a kind described in regulations made by the Secretary of State, or a regulated service notified to OFCOM by the investigating authority as described in subsection (B1)(d). A notice under subsection (C1) may require information described in that subsection to be retained only if it is information— of a kind which OFCOM have power to require under a notice under subsection (1) (see, in particular, subsection (2)(a) to (d)), or which a person might need to retain to enable the person to provide information in response to a notice under subsection (1) (if such a notice were given). OFCOM must share with the investigating authority any information they receive in response to requirements mentioned in section 102(5A)(d) that are included in a notice under subsection (C1). in subsection (3), for “power conferred by subsection (1) includes” substitute “powers conferred by this section include”; after subsection (5) insert— The powers to give a notice conferred by this section do not include power to require processing of personal data that would contravene the data protection legislation (but in determining whether processing of personal data would do so, the duty imposed by the notice is to be taken into account).

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Source: legislation.gov.uk · retrieved 2026-09-04