Data Protection Bill [HL]

Debate between Earl of Erroll and Lord Patel

Report stage (Hansard - continued): House of Lords
Monday 11th December 2017 Lords Chamber

[The Earl of Erroll (CB)]

My Lords, I will say a couple of things on this in full support of the proposition made by the noble Baroness, Lady Neville-Jones. These issues are very complicated. We tend to try to brush them aside and hope that they will be dealt with by the person who is enforcing and regulating. But that can be dangerous, because they will find it very difficult as well, and sometimes, if you do not have the intention in the Bill, it may just not happen.

This is important because, although I fully support the intention and objectives of the GDPR in the Data Protection Bill in front of us, which is there for all the right reasons, we have to be careful not to throw out the baby with the bathwater. This is one of those instances where, in trying overzealously to introduce a rules-based system in a complex world and a complex society, you find unexpected consequences. Some of them cannot be defined terribly easily in regulation, but I think it would be wise to put this in an amendment.

We in this House tend to think in principle much more than another place. To try to deal with this in another place when it gets there may be unwise in case they run out of time. It would be good to put something in the Bill in this House at Third Reading, if the Minister were so minded, and I would wholeheartedly support that.

[Lord Patel (CB)]

My Lords, I have already spoken on this at length and I do not intend to repeat myself, but I support the amendment from the noble Baroness, Lady Neville-Jones. This is a very important database. It is not just national but international, and it is difficult to collect. That is why I am glad that an accommodation has been made to support the amendment.

Data Protection Bill [HL]

Debate between Earl of Erroll and Lord Patel

Monday 13th November 2017 Lords Chamber

[Lord Patel (CB)]

My Lords, it is a pity I have to be brief, but I will try. The amendment is interesting and worth debating in greater detail than the time today allows. Remarks have already been made about the report from the Royal Society and the British Academy, which suggested setting up a body but did not define whether it ought to be statutory. It is a pity it did not because, if it had, perhaps the Government would have taken greater notice of the suggestion and taken on board what pages 81 and 82 of their manifesto said that they would do—set up a commission.

To me, there are three important things for any body that is set up. First, it must articulate and provide guidance on the rules, standards and best practices for data use, ideally covering both personal and non-personal data. I see this amendment as restrictive in that area. Secondly, it must undertake horizon scanning to identify potential ethical, social and legal issues emerging from new and innovative uses of data, including data linkage, machine learning and other forms of artificial intelligence, and establish how these should be addressed. Thirdly, and importantly, it should be aligned with, and not duplicate, the roles of other bodies, including the ICO as the data protection regulator and ethics committees making decisions about particular research proposals using people’s data. This important amendment allows us to discuss such issues and I hope we will return to it and perhaps make it wider.

Is such a body necessary? The debates we have had suggest that it might be. The Nuffield Foundation was mentioned. It has suggested that it will set up an ethics commission, and we need to know what the purpose of that will be. What would its role be in the regulatory framework, because it would not be a statutory body? I look forward to that debate but, in the meantime, I support the amendment.

[The Earl of Erroll (CB)]

My Lords, I support the amendment and its very simple principle. We live in a complex world and this tries to lay rules on a complex system. The trouble is that rules can never work because they will never cover every situation. You have to go back to the basic principles and ethics behind what is being done. If we do not think about that from time to time, eventually the rules will get completely out of kilter with what we are trying to achieve. This is essential.