Retention of information by providers of internet services
The Online Safety Act 2023 (OSA 2023) allows OFCOM to issue information notices to social media companies and other online services. These notices require recipients to provide certain data to OFCOM for the purposes of responding to an information request from the coroner or Procurator Fiscal in Scotland, or for preparing a report under section 163 of the OSA 2023.
	This Act expands on this. When a coroner or Procurator Fiscal suspects a child may have taken their own life, they can notify OFCOM. OFCOM must then issue information notices ordering providers of specified regulated services to preserve data on that child's use of those services for a period of time where that information may be needed to respond to an information notice issued under section 101 or to produce a report under section 163 of the OSA 2023.
	This Act also enables OFCOM to issue information notices requiring any other relevant person (as defined in the OSA 2023) to preserve data relating to the use of specified regulated services by that child where that information may be needed to respond to an information notice issued under section 101 or to produce a report under section 163 of the OSA 2023.
	The data preservation measure ensures that information on the child's social media and internet use remains available for the investigation by the coroner or Procurator Fiscal or should OFCOM need it in order to respond to a request from a coroner or Procurator Fiscal or to produce a report under section 163 of the OSA 2023. It prevents the data being deleted through routine processes while an investigation is active.
	The enforcement powers and penalties in the OSA 2023 for not complying with OFCOM information notices will apply to the new preservation measure, although the Act creates a limited number of new criminal offences tailored to this information notice process.