YouTube has been accused of collecting data on children under 13 watching videos, in breach of a UK data privacy code designed to protect children.

Campaigner Duncan McCann has lodged a formal complaint with the Information Commissioner’s Office (ICO). He says the site is collecting data on what videos kids are watching, where they’re watching and what devices they’re watching on.

YouTube said it had invested in protecting families.

“We remain committed to continuing our engagement with the ICO on this priority work, and with other key stakeholders, including children, parents and child protection experts,” a spokesperson said.

The platform is owned by American tech giant Alphabet, which is also the parent company of Google.

The firm has always said its service was not intended for use by children under the age of 13 and offers a separate children’s app called YouTube Kids that requires parental approval.

His complaint is believed to be the first test of the ICO’s child code to be introduced

In 2020 it issued a children’s code, giving tech firms a year to implement it. Its conditions include providing a high level of privacy for children.

According to regulator Ofcom, 89% of UK children aged three to 17 used the platform in 2021.

McCann is acting in a personal capacity but works for campaign group the 5Rights Foundation, which has championed the code.

“My favorite reform that YouTube should do is actually when you log into YouTube, they don’t collect any unnecessary information and they don’t process any unnecessary information,” he said.

In 2019, YouTube was fined $170m (£139m) by a US regulator for breaching children’s privacy laws. This followed a similar allegation that it was collecting data on children under 13 without parental consent.

YouTube did not admit liability but paid the fine and also changed its business practices as a result, said Stephanie Hare, author of Technology is Not Neutral.