Data Protection Bill [HL]

Lord Lucas Excerpts

2nd reading (Hansard - continued): House of Lords
Tuesday 10th October 2017 Lords Chamber

[Lord Lucas (Con)]

My Lords, I have enjoyed the debate very much so far. I hope that the same can be said of my noble friend the Minister, who will clearly find support from all around the House for a large number of amendments. I found myself agreeing with the noble Lord, Lord Stevenson, on several points, not least on the question of adequacy, which seems to me absolutely fundamental to getting this Bill right. I hope that my noble friend will be able to be very clear on how the Government intend to tackle this key aspect.

I agreed with the noble Lord, Lord McNally, too, and his worries about standing up to the tech giants. They are not our friends. They are big, powerful companies that are not citizens of this country. They pay as little tax here as possible and several of them actively help tax evaders in order that they can make more profits out of the transactions that that involves. They control what we see on the internet through algorithms and extract vast quantities of data and know more about us than we know ourselves. In the interests of democracy we really must stand up to them and say, “No, we are the people who matter. It is great you are doing well, but we are the people who matter”. Bills like this are part of that, and it is important that we stand up for ourselves and our citizens.

I agreed very much with my noble friend Lady Neville-Jones that research is crucial. In my context as editor of the Good Schools Guide we use a fair bit of government data and do research with it. I will pick my noble friend’s brain afterwards on what her worries are about the use of data by non-standard researchers because I certainly qualify as that.

My noble friend Lord Arbuthnot referred to a Keeling schedule. It would be wonderful to receive it. For some reason I cannot pick it up on the email. It is not in the documents listed on the Parliament website, not in any location, and it does not Google or come up on GOV.UK. One way or another, I think the simplest thing to ask is: please can we put it on the parliamentary website in the list of documents related to the Bill? I know that it exists, but I just cannot find it. It would be nice if it appeared on the departmental website too.

It seems to me that bits are missing in a number of areas. Where are Articles 3, 27, 22(2)(b) and 35(4) to 35(6)? Where is Article 80(2), as the noble Baroness, Lady Lane-Fox, mentioned? That is an absolutely crucial article. Why has it gone missing? How exactly is recital 71 implemented? I cannot see how the protections for children in that recital are picked up in the Bill. There are a lot of things that Keeling schedules are important for. In a detailed Bill like this, they help us to understand how the underlying European legislation will be reflected, which will be crucial for the acceptance of this Bill by the European Union—I pick up the point made by the noble Lord, Lord Stevenson—and what bits are missing.

And what has been added? Where does paragraph 8 of Schedule 11 come from? It is a very large, loose power. Where are its edges? What is an example of that? I would be very grateful if my noble friend could drop me a note on that before we reach Committee. What is an arguable point under that provision? Where are the limits of our economic interest so far as its influence on this Bill is concerned?

Paragraph 4 of Schedule 10 is another place that worries me. We all make our personal data public, but a lot of the time we do it in a particular context. If I take a photograph with my parliamentary-supplied iPhone, on which there is an app that I have granted the power to look at my photographs for some purpose that I use that app for, I have made that photograph and all the metadata public. That is not what I intended; I made it public for a particular purpose in a particular context—that of social media. A lot of people use things like dating websites. They do not put information on there which is intended to be totally public. Therefore, the wording of paragraph 4 of Schedule 10 seems to be far too wide in the context of the way people use the internet. Principle 2 of the Data Protection Act covers this. It gives us protection against the use of information for purposes which it clearly has not been released for. There does not appear to be any equivalent in the Bill—although I have not picked up the Keeling schedule, so perhaps it is there. However, I would like to know where it is.

On other little bits and pieces, I would like to see the public policy documents under Clause 33(4) and Clause 33(5) made public; at the moment they are not. How is age verification supposed to work? Does it involve the release of data by parents to prove that the child is the necessary age to permit the child access, and if so, what happens to that data? Paragraph 23 of Schedule 2 addresses exam scripts. Why are these suddenly being made things that you cannot retrieve? What are the Government up to here? Paragraph 4 of Schedule 2, on immigration, takes away rights immigrants have at the moment under the Data Protection Act. Why? What is going on?

There are lots of bits and pieces which I hope we can pick up in Committee. I look forward to going through the Bill with a very fine-toothed comb—it is an important piece of legislation.