Online Harms

Debate between Baroness Neville-Rolfe and Lord Ashton of Hyde

Monday 8th April 2019 Lords Chamber

[Lord Ashton of Hyde]

My Lords, I agree that those are serious issues and need to be addressed. We have made it clear in the White Paper the harms that are in scope, but have also been very open about those that are not. We have said that we are addressing some of the really serious issues on the internet which the noble Baroness describes as private harms. We have said that we cannot deal with everything, but we are dealing with matters such as disinformation and potential assaults on democracy. We do not want to duplicate within one big White Paper, followed by legislation, all the harms connected to the internet. We have said that we are not dealing with competition law, intellectual property violation, fraud, data protection and so on, but I absolutely accept that they are very important issues. The Cabinet Office is due to report on them soon, and it is right that that department, which has responsibility for the constitution, should be dealing with it. We have not neglected those problems.

[Baroness Neville-Rolfe (Con)]

My Lords, as a former Digital Minister I came to the conclusion some time ago that we need some regulation to reduce online harm, rather in the spirit of the Health and Safety at Work etc. Act, which now has very wide support across the House. I welcome the White Paper. I had almost got to the point of tabling a Private Member’s Bill on duty of care, because time was passing.

My noble friend has kindly already answered my first question, which was about breadth. Like the noble Baroness, Lady O’Neill, I am very interested in some of these wider harms, such as fraud, which affects millions online every year. My second question is whether there will there be a business impact assessment on some of this. I would encourage that, as these normally have cross-party support—although perhaps not today.

My final question is on the penalties. I cannot find them on a quick read, but the Secretary of State was talking in quite red-blooded terms this morning about fines of 4% of global turnover, prosecution of directors, and so on. That seems quite over the top, especially if you have a very strong regulator. We need to make sure that we do not chill future digital growth in the UK as people in small businesses—which the Minister helpfully referenced—and large businesses may take too risk-averse an approach. We will need to debate that when the Bill comes to the House.

Mobile Networks: Resilience

Debate between Baroness Neville-Rolfe and Lord Ashton of Hyde

Tuesday 11th December 2018 Lords Chamber

[Lord Ashton of Hyde]

As the noble Lord knows perfectly well, the universal service directive, which is the basis for the universal service obligation, only includes fixed-line service. Therefore, it would be impossible under European law to include mobile.

[Baroness Neville-Rolfe (Con)]

My Lords, digital connectivity, whether through broadband or mobile, is a new utility and those who do not have it are socially and financially excluded. Can my noble friend tell me when 100% of homes in this country will have such connectivity?

[Lord Ashton of Hyde]

As the noble Lord, Lord Stevenson, alluded to, by 2020 the universal service obligation will give every household in this country a legal right to be connected at a speed of not less than 10 megabits a second.

Public Sector Television Content

Debate between Baroness Neville-Rolfe and Lord Ashton of Hyde

Thursday 25th October 2018 Lords Chamber

[Lord Ashton of Hyde]

That is likely to be the case, but we are obviously waiting for Ofcom’s report. However, I understand the point, and I think it will have suitable prominence.

[Baroness Neville-Rolfe (Con)]

I refer to the register of interests. Is the Minster aware that the concerns reflected in the noble Baroness’s Question are shared by many on these Benches as well? Can he send a strong message to Ofcom about the need for speed, given the pace of technological change, which is overtaking us every day? When does he think the Government will be able to announce concrete progress on this road?

[Lord Ashton of Hyde]

I have outlined that things are moving fast. The consultation finishes on 5 October. Ofcom has said it will report at the beginning of 2019. Then, as the noble Lord, Lord Griffiths, alluded to, it is up to the business managers—if Ofcom decides that legislation is necessary; you will have to look at the report. This is a complex area. The new technologies do not make it simple. It is not just like an old, linear EPG. But we understand the urgency and we know that the commercial interests do make it difficult for public service broadcasters. The key is that we support public service broadcasting.

Data Protection Bill [HL]

Debate between Baroness Neville-Rolfe and Lord Ashton of Hyde

Monday 14th May 2018 Lords Chamber

[Lord Ashton of Hyde]

They should have hired a lawyer. The point is that it is a perfectly valid point. We have sought to replicate in the Bill, as far as possible, the existing provisions relating to legal professional privilege. We had several discussions about that in the 1998 Act, including the relevant exemptions to rights and obligations for personal data. I cannot help but notice that the Arbitration and Mediation Service, given that we are trying to replicate as far as possible existing provisions, appears to have been operating without undue burden for the last 20 years, but I am certainly prepared to undertake to the noble Lord, Lord Pannick, that we will look at that with a view to making sure that this is not a serious problem. We certainly have not been able to do it in time. I can confirm to him that, if there is a problem, the Bill contains regulation-making powers to address this concern. The only thing I can say on that is that, quite rightly, those regulations would have to come before both Houses of Parliament. If there is a concern he will be able to address it later.

The noble Lord, Lord Stevenson, is quite correct that we talked about me making a statement or addressing concerns about the individual application of the GDPR and the Bill to Peers. I assumed I would do so if it was necessary and if the subject came up, which, luckily, it has not. Just to be clear, it is not just that Peers and other citizens of this country are suffering under the GDPR, although they might have obligations that they were not aware of before and, I agree, certain extra ones because the GDPR has direct effect; it also greatly increases individual subject rights. It makes sure that individuals’ personal data, in particular sensitive personal data, is better protected in law and by a regulator, who, thanks to your Lordships’ agreement, has real power to make sure that the data regime is obeyed. I believe that the House authorities have issued a statement to all Peers. Of course, my department is there to address this. The first avenue that Peers should use for the individual circumstances is the House authorities.

[Baroness Neville-Rolfe (Con)]

Can I press my noble friend a little further on the issue of what individual Peers and Members of Parliament should do? There was an earlier discussion on whether some arrangements might be made so that data protection rules can be followed but the burden would not be unreasonable. I also take this opportunity to thank my noble friend for these many amendments which are grouped together, on diversity through to financial services. It has been a model of good working.

[Lord Ashton of Hyde]

I am grateful for that. When my noble friend spoke of pushing me further, I am not completely clear what she wants me to do. It is not right for me to opine on individual cases. I think we are talking about Peers in their roles as Peers. Each individual Peer has to discuss that in the light of their individual circumstances. All I would say is that if noble Lords are dealing with special categories of data and personal data, they will have to be aware of the obligations put on them by the Bill and the GDPR. The House authorities are there to advise, as is the Information Commissioner. They will have to do so. In my case, for example, I do not anticipate that in what I do as a Peer, as opposed to a Minister, I would have to pay a fee as a controller, if that helps.

Brexit: Digital Single Market

Debate between Baroness Neville-Rolfe and Lord Ashton of Hyde

Tuesday 8th May 2018 Lords Chamber

[Lord Ashton of Hyde]

The noble Lord is right that roaming charges are one of the main areas that we have to look at as part of the negotiations that particularly affect DCMS. That is absolutely on our radar and we understand the implications both ways. We understand that it is a fairly recent innovation not to have roaming charges within the EU: we completely understand that and it will form part of the negotiations.

[Baroness Neville-Rolfe (Con)]

My Lords, I agree about the importance of the creative industries and I am sure they will continue to be creative as we go forward beyond Brexit, but I want to ask my noble friend a question about portability. This is the ability to take your television programmes abroad digitally when, for example, you go on holiday in the Mediterranean, so that you are able to watch “Coronation Street”, “EastEnders” or whatever is your particular delight. Can my noble friend give me an update on whether that will still be possible?

[Lord Ashton of Hyde]

I am not absolutely clear whether that will still be possible. I do not think it is the highest on our list of priorities. However, I will certainly take it back to my department and get my noble friend a clear and concise answer.

Data Protection Bill [HL]

Debate between Baroness Neville-Rolfe and Lord Ashton of Hyde

Report: 3rd sitting Hansard: House of Lords
Wednesday 10th January 2018 Lords Chamber

[Lord Ashton of Hyde]

Exactly, so my point, which I was coming to but which the noble Lord has very carefully made for me, is that, in doing this, the Information Commissioner will obviously keep a list of the names and addresses of those people who have paid the charge. The noble Lord may even want to call that a register. The difference is, unlike the previous register, it will not have all the details included in the previous one. That was fine in 1998, and had some benefit, but the Information Commissioner finds it extremely time-consuming to maintain this. In addition, as regards the information required in the existing register, under the GDPR that now has to be notified to the data subjects anyway. Therefore, if the noble Lord wants to think of this list of people who have paid the charge as a register, he may feel happier.

I have talked about the penalty sanction. When the noble Lord interrupted me, I was just about to say—I will repeat it—that the commissioner will maintain a database of those who have paid the new charge, and will use the charge income to fund her operation. So what has changed? The main change is that the same benefits of the old scheme are achieved with less burden on business and less unnecessary administration for the commissioner. The current scheme is cumbersome, demanding lots of information from the data processors and controllers, and for the commissioner, and it demands regular updates. It had a place in 1998 and was introduced then to support the proper implementation of data protection law in the UK. However, in the past two decades, the use of data in our society has changed dramatically. In our digital age, in which an ever-increasing amount of data is being processed, data controllers find this process unwieldy. It takes longer and longer to complete the forms and updates are needed more and more often, and the commissioner herself tells us that she has limited use for this information.

My hope is that Amendment 107A is born out of a feeling shared by many, which is to a certain extent one of confusion. I hope that with this explanation the situation is now clearer. When we lay the charges regulations shortly, it will, I hope, become clearer still. The amendment would simply create unnecessary red tape and may even be incompatible with the GDPR as it would institute a register which is not required by the GDPR. I am sure that cannot be the noble Lord’s intention. For all those reasons, I hope he will withdraw the amendment.

[Baroness Neville-Rolfe]

I thank the Minister for going into the issues in such detail, and for the support that is now being offered by the ICO through the transition. We have heard about the helpline, the websites, and new guidance—not only for parish councils, which I regard as a major breakthrough, but for small business and schools. That is all very good news. There will be a charge but it will be modulated, as I understand it, in a way to be decided and brought before the House in an order. I think the Minister understands the wish of this House not to load lots of costs on smaller businesses as a result of this important legislation, which we all know is necessary for a post-Brexit world.

My only concern related to the Minister’s comments on what we might put into the report, because he rightly said that the Information Commissioner had to be independent, which I totally agree with. Equally, I thought that without undermining her independence, it was possible to ask her to report on economic matters and, for example, on how business learns about data protection and how that is going. I do not know whether he is able to confirm that today, but he made a point about independence and it was not clear whether it would be possible to put something into the reporting system.

--- Later in debate ---

[Lord Ashton of Hyde]

We are keen that the Information Commissioner be independent and is seen to be independent, and I know that the commissioner herself is aware of that. I cannot commit to anything today, but I will certainly take back my noble friend’s question and see what can be done while maintaining the Information Commissioner’s independence.

[Baroness Neville-Rolfe]

On that basis, I am happy to beg leave to withdraw my amendment.

Data Protection Bill [HL]

Debate between Baroness Neville-Rolfe and Lord Ashton of Hyde

Committee: 6th sitting (Hansard): House of Lords
Wednesday 22nd November 2017 Lords Chamber

[Baroness Neville-Rolfe]

My Lords, I simply wish to associate myself with the comments of the noble Lord, Lord Stevenson, and say that a meeting on this would be helpful. As I said, I hope that we can find a solution. If we cannot, I have reservations about this measure being part of the Bill.

[Lord Ashton of Hyde]

I make it plain to my noble friend—my predecessor in this position—that I will arrange a meeting.

Data Protection Bill [HL]

Debate between Baroness Neville-Rolfe and Lord Ashton of Hyde

Monday 30th October 2017 Lords Chamber

[Lord Ashton of Hyde]

I agree with the noble Lord that, if nothing did arrive, it would not be good enough.

[Baroness Neville-Rolfe]

My Lords, I was slightly disappointed when all my amendments were grouped, but bringing them together has led to an extremely useful and productive debate. I am very grateful to noble Lords right across the Committee for their support. I am also grateful to the Minister for saying that he will let us have a compliance cost assessment, which I will read with the detail and vigour that it merits, and for some of the other points he made.

I am a little disappointed about how we achieve some de minimis relief for the smaller organisations in these various sectors, including the ones mentioned by the noble Lord, Lord Kennedy, as well as on guidance—I am not sure we are quite there. We need to think a little further. I gave the Minister an example of the difficulties that the data analytics sector had had on consent. It would be good if he could look at that point and perhaps arrange for a meeting so that we could talk further. I will look in Hansard at the progress we have made in this very constructive discussion and possibly come back on Report on one or two points. I beg leave to withdraw the amendment.