Data Protection Bill [HL]

Baroness Hollins Excerpts

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

Moved by

[Baroness Hollins]

127A: Before Clause 137, insert the following new Clause—
“Inquiry into issues arising from data protection breaches committed by or on behalf of news publishers
(1) The Secretary of State must, within the period of three months beginning on the day on which this Act is passed, establish an inquiry under the Inquiries Act 2005 into allegations of data protection breaches committed by, or on behalf of, news publishers.(2) The inquiry’s terms of reference must include, but are not limited to,— (a) to inquire, in respect of personal data processing, into the extent of unlawful or improper conduct within news publishers and, as appropriate, other organisations within the media, and by those responsible for holding personal data;(b) to inquire, in respect of personal data processing, into the extent of corporate governance and management failures at news publishers;(c) in the light of these inquiries, to consider the implications for personal data protection in relation to freedom of speech; and(d) to make recommendations on what action, if any, should be taken in the public interest.”

[Baroness Hollins (CB)]

My Lords, some in this Chamber have taken the view that the Leveson agreement, which united all parties across both Houses just four years ago, has been overtaken by events and that yet another inquiry into press regulation is now needed. That is precisely the pattern of events that has followed virtually every single inquiry into press misconduct over the last 70 years, when Governments of both left and right have first prevaricated and then surrendered to concerted press lobbying, with missed opportunity after missed opportunity. Let us be clear where we are: Parliament has already legislated, with the help of a cross-party consensus, for much of the Leveson frame- work. We have a royal charter and a Press Recognition Panel, both following the Leveson recommendations. We have the establishment of a recognised press self-regulator, which meets the Leveson criteria. So a failure to fulfil the whole cross-party agreement does not represent a failure of the Leveson inquiry, or of the recommendations that followed, but rather of political courage to complete the jigsaw.

This amendment, tabled by me and supported by the noble Lords, Lord Stevenson, Lord McNally and Lord Lipsey, would require the Government to proceed with a public inquiry into data protection breaches at national newspapers. I am grateful for their support and for the encouragement I continue to receive from so many Members across your Lordships’ House. But a brand new inquiry is unnecessary, as the spirit of this amendment would be fully satisfied by the completion of the second part of the Leveson inquiry. That is my amendment’s intention, which is why the terms of reference specified in the amendment so closely resemble those of part 2 of the Leveson inquiry, within the scope of the Bill with respect to data protection.

There are three reasons why part 2, or a very similar inquiry, should go ahead. First, there is the sheer scale of unlawful conduct and the lack of any accountability. Secondly, there are the traumatic consequences for the many ordinary people who are victims. Thirdly, there are the ongoing implications for the conduct of powerful press organisations today. I shall deal with each in turn briefly.

Part 2 of the Leveson inquiry was designed to delve into the extent of criminality, its cover up, and the collusion between press and police, how it was able to persist, and who was ultimately responsible. We know, for example, that private data belonging to thousands of individuals was illegally accessed on a more far-reaching scale, and in many ways more consequential, than in phone hacking. This type of data theft was rarely in the public interest and was therefore unlawful. We know that these activities were not restricted to the News of the World—far from it: they took place at the Mirror, the Sunday People and the Sun, while evidence has emerged that they took place at the Daily Mail, the Express and the Times as well.

A six-week civil trial of the Sun for four claimants, with 50 more following, is starting imminently, alleging widespread data theft from 1998 through to this decade and an illegal cover-up. There has still been no inquiry into this widespread illegal conduct, and the only senior newspaper executive held to account is Andy Coulson at the News of the World. If corporate misbehaviour on this scale had occurred in any other industry, our newspapers would quite rightly have been calling for heads to roll and for government to intervene.

It is perhaps unusual to mention this, but I have some special guests today who have been personally affected by the misuse of their personal data. I have not spoken personally before, and it is not easy to do so, but it seems that some people do not understand what goes on in our media. Members of your Lordships’ House may be familiar with some of the abuses and intrusions that my family suffered and know that I gave evidence to part 1 of the Leveson inquiry, but they may not be aware that our data rights were repeatedly breached by newspapers. One consequence of having your personal data stolen, and not knowing how, is what it does to your own behaviour. I actually withheld information about my daughter’s progress from close family and friends after her life-threatening spinal injury because I began to suspect people I knew of speaking to the media. I stopped trusting people, even people in my own family, my neighbours and my best friends. I did not trust them. I did not know about hacking and blagging. I actually used to joke about how I thought perhaps the journalists who sent flowers to the hospital every day had put a chip in them so that they could capture our conversations in the waiting room when my daughter was fighting for her life in intensive care. That is what I thought. My daughter’s story was primarily a good news story, the triumph of hope over adversity, a story of recovery, not tragedy, but we had to cope with frequent door-stepping and long-range lenses being used to steal pictures, and the intrusion went on for months and months.

At the time of my daughter’s injury, I was a university professor and the head of a prestigious academic professional college. I was amazed by the prevalence of plagiarism in the press. Plagiarism in academia is a dismissible matter. I had no idea, until my family was the subject of intense media scrutiny over many months, just how commonplace plagiarism is. Typically, one paper’s so-called news on Wednesday would simply be downloaded and reprinted, virtually word for word, in a second unrelated paper on Thursday and in another on Friday, and if the second and third papers added a couple of new words, they might even call it an exclusive. When I, as an academic, publish findings, they have to be accurate. One newspaper article had 28 supposedly objective facts, of which only two were correct. The noble Lord, Lord Black, will be pleased to know that the Daily Telegraph was the most restrained newspaper, but your Lordships’ House may be surprised to know that the only serious and accurate article about the implications of a high-level spinal injury for a pregnant woman was in Hello magazine. It was a good article.

Data theft—often disingenuously referred to as leaks—also affects public bodies. I asked to see the Secretary of State in the Department of Health after a story about my learning-disabled son appeared in the Daily Mail. The account was uncannily similar to some evidence he had given in confidence to a government taskforce. The Secretary of State apologised and said it was the fourth data leak that month, but could not or would not tell me how this intensely private information came to be published in a national newspaper. I spoke about that to the Leveson inquiry. The response was that the information was already in the public domain. It was not, and my son was a vulnerable adult, and printing his photograph put him at risk.

Some people experienced much worse than this, and their names are etched in all our memories. Remember the heartache of the Dowler and the McCann families? Alongside other media assaults, these families had personal data stolen and processed by the media. There are countless other private individuals whose lives have been irrevocably changed by hostile and misleading reporting, often following data breaches through the theft of medical records, bank account details, phone numbers or other private data.

Before today’s debate, I met with Edward Bowles, whose 12 year-old son Sebastian lost his life in a bus crash in Switzerland. At a time of such trauma, his and his family’s suffering was made worse by the conduct of national newspapers which, in addition to repeated other intrusions, stole images of the family and published them without consent. These included images of Mr Bowles and his nine year-old daughter grieving after Sebastian’s death, and family photographs taken from Edward’s private Facebook account. Sebastian’s last personal messages to his family from the school’s website were obtained and published without even asking the family.

These data breaches were committed by newspapers with no public interest whatever and occurred in the middle of part 1 of the inquiry, when the press were supposedly on their best behaviour. This is why we still need to understand how such gross and widespread abuse was allowed to happen in the first place and to ensure that ordinary people are protected from those who steal private data to further their own corporate interests. We do not know how much improper and unlawful use of our data was going on, or may still be going on, because of a widespread cover-up. Corporate governance structures remain unreformed and many of the same newspaper executives remain in place.

I chaired a meeting for journalist whistleblowers before the Recess and we heard evidence of the kinds of data theft that they were commissioned to carry out by their editors in pursuit of stories with no public interest whatever. They were confident that these practices persist today, despite assurances from editors and proprietors that those days are gone. Their stories deserve a wider audience. Part 2 of the Leveson inquiry would allow them to be told and allow us to understand from the past how we can better protect the public interests of both private individuals and journalists in the future. The Government have been consulting on whether to complete the Leveson inquiry since November 2016—over a year ago. It should never even have been a matter of consultation but simply a matter of good faith that an inquiry promised to victims of crime should be completed. The failure to go ahead brings public inquiries into disrepute.

It is time to stop prevaricating and act decisively. I hope the noble and learned Lord the Minister will be in a position to assure your Lordships’ House that he has a firm commitment to commence part 2 of the Leveson inquiry. Without such a promise, I intend to divide the House, and I hope the House will support both my amendments and the important amendments of the noble Earl, Lord Attlee, Amendments 147, 148 and 216, which are tabled as a package. I hope we will make serious and genuine progress towards independent press regulation today. I beg to move.

[Earl Attlee (Con)]

My Lords, I have Amendment 147 and the consequential Amendments 148 and 216 in this group. It may be convenient if I suggest to the House the choreography of how this group might work. The noble Baroness, Lady Hollins, has moved her amendment, which is what we are debating now and will decide on. I will speak to my amendments only once now, and other noble Lords can contribute to all the amendments being debated. I expect that the Minister will reply, the noble Baroness, Lady Hollins, will respond, and we will then deal with her amendment. After the formalities with other amendments, I will formally move my Amendment 147 and deal with any points arising from this debate in respect of it. I believe it is in order for noble Lords to make a substantive contribution after I move my amendment, at that time, but it may be more convenient for the House for noble Lords to do so now, during this current debate.

It goes without saying that I fully support the noble Baroness, Lady Hollins, in her Amendment 127A. We must get to the bottom of what has been going on. My amendments would incentivise media operators to sign up to an independent press regulator in respect of data protection claims. This is achieved in the same way as the yet-to-be-commenced Section 40 of the Crime and Courts Act 2013. My consequential Amendment 216 ensures that Amendments 147 and 148 come into effect on Royal Assent, and deny Ministers the discretion not to implement what Parliament might agree to, as has been done with Section 40.

--- Later in debate ---

[Baroness Hollins]

My Lords, I am grateful to the Minister for his thoughtful response and to noble Lords who have spoken. I was accused of bullying the press during the last debate on this Bill in December, and of harassment today—astonishing accusations under the circumstances. These amendments are designed precisely to provide access to justice and protection from the real bullies—the corporate publishers, the wealthy proprietors, their editors and their well-paid lawyers. Victims have to be psychologically very robust to take a case to court and to take on these bullies, and most choose not to. My family chose not to.

These amendments are about providing accountability and curbing the abuse of power through understanding the extent of the data breaches that have taken place, and I believe—and I am not alone in believing—that we have seen only the tip of the iceberg. Journalist whistleblowers speaking to Members of your Lordships’ House before Christmas gave us good evidence that data breaches continue.

To the noble Lord, Lord Pannick, I say that if newspapers took data breaches seriously they would be clamouring for the Leveson inquiry to be finished, to get to the bottom of it. I would ask: why have the Mirror Group and other newspaper groups been trying to cover up for so long if they are committed to reform? If Sir Brian Leveson were to advise that part 2 is not needed, it would be easy enough for this clause to be removed later.

I am sure that we are united in wanting high-quality news provision. There are many challenges to achieving this, whether in print or online. With no disrespect to the Minister, I suggest that my Amendment 127A provides just the incentive the Government need to focus their attention on unfinished business from the Leveson inquiry, as well as the serious longer-term issues mentioned in the debate. It would require—encourage—the Government to proceed with a public inquiry into data protection breaches by the media, whether this one or the existing part 2 of Leveson. It is mildly insulting to be told that my amendment is premature. Frankly, the Government have had long enough to think.

I spoke briefly earlier about some of the personal consequences of data theft for me and my family, and I want to bring your Lordships’ House back to a consideration of the victims. Nothing prepared my family for the media frenzy that followed my daughter’s life-changing injury, and it continued for months. The relentless intrusion, stalking and data stealing by the press was a life-changing experience for me. I once said that it was worse than adjusting to my daughter’s injury. Even 12 years later, new evidence is emerging about the probable theft of my daughter’s medical records. My eyes were opened to inaccurate, corrupt and illegal practice and yet the public still believe what they read. From the comments made by some noble Lords today, I sense continuing ignorance about the current low standards in some publications. It is very difficult to believe. I found it hard to believe what happened to me and what I see still happening to people today. It is hard to believe that it is really happening.

The Minister promises serious future attention. This is a Government whose intention was laid out in their election manifesto: to abandon part 2 of the Leveson inquiry, which could have been well under way, and thus to abandon the victims of press abuse. The terms of the Leveson inquiry were established by Parliament for good reasons and they are as relevant today as they were six years ago. Leveson part 2 is overdue and it should begin without delay. It is an inquiry begun by government and delayed by government, hence the purpose of Amendment 127A.

Perhaps I could end by reflecting on the last time a Government failed to stand up to the power of the press. The Prime Minister at the time, Sir John Major, admitted to Sir Brian Leveson that it was a missed opportunity. We must not allow it to be missed again. Parliament could provide a little extra encouragement and support to government by agreeing to my amendment today. I wish to test the opinion of the House.