Data Protection and Digital Information Bill

Baroness Chakrabarti Excerpts

Committee stage
Monday 22nd April 2024 Grand Committee

This measure is cruel, dangerous, disproportionate and unwanted. I hope the Minister will not try to suggest that any of these organisations or signatories to the amendments are unconcerned about fraud. Fraud is something that we all pay for in the price of goods, our taxes and the undermining of public services. However, what is being proposed is nothing less than a giant fishing expedition focused on the vulnerable, the poor and the old. The DWP is grasping at surveillance to tackle a crisis in management and staffing; the fact that these measures are restricted only to benefit fraud, not to the many more billions that could be clawed back from Covid loans and tax fraud, reveals that, as currently formulated, this measure is ideological, not practical. I beg to move.

[Baroness Chakrabarti (Lab)]

My Lords, it is a pleasure and a privilege to support that tour de force from the noble Baroness, Lady Kidron. I do not need to repeat it but, to summarise, I completely agree with the opinion from Matrix Chambers that, in addition to its immorality, this provision is in contravention of Article 8 of the European Convention on Human Rights on respect for private and family life—relating to correspondence in particular. It is not necessary or proportionate, as we have heard. It is discriminatory and, for the purposes of the convention, is not in accordance with law. Once more, as we have heard, promising the possibility of guidance in future is no substitute for properly confining a power of this kind. Instead, the power is breathtaking in its scope and in its intrusive nature over the most sensitive financial and other personal information that could be gleaned this way.

It is an intrusion and an indignity as the breaches of privacy are not just for vulnerable people who are on benefits—not only non-means-tested benefits but means-tested benefits too. They are also an intrusion on the financial privacy of those who have linked accounts, whether they are a family member who is helping out by way of paying carers, landlords and so on or a family member who gives a small gift to a vulnerable person on benefits. Perhaps that is the Government’s intention—I do not know—but it is breathtaking in its sweep and in the number of citizens and people in this country who will be caught up in it. That is what makes it disproportionate and not in accordance with law relying on hypothetical guidance.

The discriminatory aspect cannot be emphasised enough. There are, broadly speaking, two categories of people for these purposes in these islands: those who earn, have inherited or otherwise have enough wealth to come within the scope of HMRC and who should pay tax and not avoid it—that is, not defraud other taxpayers and the country as a whole; and those who are on benefits, whether means-tested or universal. Neither category of humanity should be exempt from fraud but nor should there be a discriminatory approach to policing any potential fraud. Why is it that, as we heard from the noble Baroness, Lady Kidron, we have this breathtaking snooper’s charter for those on benefits but a much more targeted approach to those who should be paying taxes? That discrimination cannot be justified.

[Baroness Buscombe (Con)]

What is the difference between the trawl in looking at people who are seeking to avoid tax, which is not a crime, and in looking at those who are possibly mis-stating the extent of their assets? In the noble Baroness’s view, how is the surveillance different in terms of this Bill?

[Baroness Chakrabarti (Lab)]

I am grateful to the noble Baroness. It is not just my view. It was put very well by the noble Baroness, Lady Kidron, and, as I recall, is outlined in the legal opinion. HMRC’s powers are more targeted and have more safeguards.

[Baroness Buscombe (Con)]

When the noble Baroness says, “more targeted”, is what way are they more targeted? That is what I would like to know.

[Baroness Kidron (CB)]

They relate to individual people by name, not whole sweeps of people who have done nothing wrong but get a particular benefit.

[Baroness Chakrabarti (Lab)]

What I am advocating to the Committee is that, in terms of our approach in this country to everyone in either category—or to people who are sometimes in both categories because they are, for example, entitled to some universal benefits but none the less must pay tax on their earnings, inheritance or whatever—the appropriate approach is a targeted approach beginning with at least some reasonable suspicion that a person’s financial matters are a cause for concern. Once there is reasonable suspicion—not even hard proof—because of their activities, that should be the trigger for an intrusion into their affairs. We have had that approach to privacy in this country for a very long time; it is the approach that, broadly speaking, is entrenched in Article 8 of the convention. Even if one does not like human rights conventions, it is none the less a tradition that people in this country—not just lawyers—have long understood.

Further, and in reference to the remarks attributed to the noble Lord, Lord Anderson of Ipswich—who is not in his place, which is the reason why I am also risking being sensible—it is absolutely flabbergasting that there are greater checks and balances for investigating matters of national security than for investigating what could be minor benefit fraud. An example is the allegation that the person giving a Christmas present to their pensioner relative or their relative who is not able to work should trigger a response in the algorithm that this is somebody who should no longer be worthy of the benefit or who, worse still, should face criminality or even potential incarceration.

I cannot say how horrified I am that the Government should have proceeded with a measure of this kind even as we still learn about the extent of the injustice perpetrated on the postmasters. After what we are just beginning to understand about the postmasters, I cannot understand why the Government would allow this kind of discriminatory intrusion to be turbocharged by AI and inflict the potential for the same type of injustice—not just for a limited cohort of people who were unfortunate enough to be serving their communities by working as postmasters—on millions of people in the United Kingdom.

This is what Committee on a Bill is for. I will therefore calm myself in the knowledge and belief—and certainly the hope—that, in his response, the Minister will at least offer to meet with Members of the Committee who have put their names to the clause stand part notice from the noble Baroness, Lady Kidron, and with campaigners and experts to hear a little about the detail of the concerns and to compare this provision with the other provisions, as the noble Baroness, Lady Buscombe, suggested in relation to national security, or indeed for tax fraud. Nobody is suggesting that fraud should be perpetrated with impunity, but we must learn from the mistakes of injustices already perpetrated. They are perpetrated because of blanket trust in the authorities and AI and a lack of checks and balances. There were plenty of humans in the loop at the Post Office, but that is not enough. This is a sweeping power that will lead only to intrusion, discrimination and the worst kind of injustice. In the meantime, before that moment even comes, millions of people will live in fear.

[Lord Sikka (Lab)]

My Lords, I will address, first, the exclusion of Clause 128 and, secondly, Amendment 219 in my name.

I spoke at Second Reading to oppose Clause 128. I was a little too late to put my name to the clause stand part notice in the names of the noble Baronesses, Lady Kidron and Lady Chakrabarti, and the noble Lords, Lord Clement-Jones and Lord Anderson. I would therefore like to address a few things relating to that before I move on.

This clause creates two kinds of citizen: those who are entitled to financial privacy and others who are not entitled to any privacy, just because they happen to be poor, old, sick, disabled, infirm and unfortunate. Hopefully, the Minister can explain the rationale for creating this form of discrimination. This discrimination will particularly affect women, because a lot of women receive social security benefits, and people of colour, who are generally paid poorly and often have to rely upon universal credit and other benefits to make ends meet. Hopefully the Minister will also be able to tell us how this squares with the levelling-up agenda. Certainly this clause does not really provide any fairness at all.

I have received lots of emails and letters and met individuals who are very concerned, as earlier speakers articulated, that they will be made homeless because their landlords will not want their bank accounts to be put under surveillance. What assessment have the Government made of the impact that this clause may have on future homelessness?