Damian Hinds

Damian Hinds

Conservative — East Hampshire

Speaking in the House of Commons on 7 May 2025

Debate

Data (Use and Access) Bill [Lords]

Contribution

Our nominal minimum age for social media usage in this country comes from a well-meaning piece of American legislation originally passed in 1998. The age did not have to be 13. Back in 1998 it was going to be 16, but it was changed to 13. With the birth of GDPR, the age did not have to be 13: the default was 16. Various countries, including Germany, the Netherlands and Ireland, selected 16, but we selected 13. That means that at the age of 13 people can sign up to social media, have their behaviour tracked for the purpose of targeting content and ads, start their own channel, have multiple IDs and make decisions about what details of their private life they share. Many people believe that, because of brain development, 13 is too young to make some of those decisions reliably, and that there are real downsides, risks and dangers from the combination of social media and the ready availability of a handheld electronic device. For children, there are addictive features, an effect on sleep, an ease of making unwanted content, rabbit holes to fall down and corrosive content that plays on the insecurity of adolescence. Objections to raising the age to 16 are normally centred around worries that pro-social applications will be hit and that there will be unintended consequences, such as children not being able to seek help if they in an abusive family, or to find information about contraception or whatever else they may need to know. Indeed, those were some of the reasons why, back in 1998, the age of 16 became 13, and those reasons came up again here in the debates over GDPR. As such, I worded new clause 12 to demonstrate how we could do it without losing anything, by having very broad categories of exemption. However, even with those exemptions, the Government would still be able to say—I am sure they will, and will say some of the same things about new clause 1 shortly—that new clause 12 is technically inadequate, worded badly and contains the wrong exemptions, and that there would be unintended consequences. New clause 19, though, which was tabled by the official Opposition, is almost impossible to argue against, because it contains the default position that these exemptions will change; under its provision, those changes would be subject to review, which would ensure that all those considerations were taken into account.

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