Ofcom finalises guidance on Online Safety Act 2023 information gathering powers

Article summary

Ofcom has published its final guidance explaining how it will exercise its information gathering powers under the Online Safety Act 2023. The guidance outlines Ofcom's approach to using statutory notices, remote viewing capabilities, skilled person reports, interviews and premises inspections. Key updates include enhanced protections around disclosure to overseas regulators, detailed procedures for technical testing and demonstrations, and refined processes for Coroner Information Notices. The guidance emphasises Ofcom's commitment to proportionate use of these powers while maintaining appropriate safeguards for confidentiality and data protection. The regulator has aligned this guidance with its recently published General Policy on Information Gathering to ensure consistency across its regulatory functions.