Data Protection Bill [HL]

Debate between Baroness Chisholm of Owlpen and Lord Tope

Committee: 2nd sitting (Hansard - continued): House of Lords
Monday 6th November 2017 Lords Chamber

[Baroness Chisholm of Owlpen (Con)]

My Lords, as the Minister said in responding to the previous group of amendments, in order for special categories of personal data, for example, data concerning health, to be processed, controllers must demonstrate that the processing meets one of the conditions for processing set out in Article 9. Article 9(2)(b) permits processing without the consent of the data subject where necessary for purposes of employment law, social security law and social protection law, provided that a legal basis is set out in UK law. Paragraph 1 of Schedule 1 therefore introduces the necessary processing condition.

The noble Lord queried whether the reference to “social protection law” could be removed in favour of a more general provision on social protection. I am aware that some local councils have raised concerns about whether some of the services they provide would be covered by the current wording. We are somewhat restricted by the wording of Article 9, which specifically refers to “social protection law”, so limited change is allowed. Nevertheless, I can reassure the noble Lord that the term has a broad interpretation. This is because paragraph 1(3) of Schedule 1 provides that “social protection” would include any intervention described in Article 2(b) of Regulation (EC) 458/2007 of the European Parliament. I am sure all here read the regs every night, but for those who are not familiar with that regulation, Article 2(b) covers interventions that are needed to support people who may be suffering difficulties in relation to healthcare or sickness; disability; old age; survivorship; family and children; unemployment; housing; and social exclusion. Given the breadth of issues covered, I think it would be fair to say that the current wording of the clause would cover a wide range of social services interventions.

It is worth adding that social protection law is a new ground for processing special categories of data in the Bill. It was not included in the Data Protection Act 1998 as a specific category. From that point of view, it should be more helpful to social service providers than the previous provisions in the Data Protection Act 1998 on which they currently rely.

I recognise the concern that Taxicard is a non-statutory service and therefore may not be able to use the derogation in Part 1 of Schedule 1, which uses the term,

“law relating to social protection”.

As I have already illustrated, the Government’s intention is to apply this derogation broadly. There is no desire to see vital services, which are often a lifeline to their clients, stopped. I am happy to take away the specific issue the noble Lord raised and to work with the Information Commissioner and her office to consider it further. I hope that reassures the noble Lord, Lord Tope, and I respectfully invite him to withdraw his amendment.

[Lord Tope]

My Lords, I am most grateful to the Minister for setting that out so fully and clearly. As I think I said when moving the amendment, I am quite sure it is not the intention of the Government that the Bill should have this effect, but at this stage of any legislation we always have to be particularly concerned about any unintended consequences. I will seek advice from those better able to determine such matters than I am. I am grateful to hear from the Minister that the Government are cognisant of the issue and are considering it. If necessary we can return to it at a later stage of the Bill with appropriate amendments. I beg leave to withdraw the amendment.