Data Protection Bill [HL]

Baroness Neville-Rolfe Excerpts

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.