Data Protection Bill [ Lords ] (Seventh sitting)

Julia Lopez Excerpts

Thursday 22nd March 2018 Public Bill Committees

[Liam Byrne]

We now come to offences, and crucially in clause 189, the question of penalties for offences. The real world has provided us with some tests for the legislation over the past few days. We have reviewed clauses 189 to 192 again in the light of this week’s news. Some quite serious questions have been provoked by the Cambridge Analytica scandal, and the revelations about the misuse of data that was collected through an app that sat on the Facebook platform.

For those who missed it, the story is fairly simple. A Cambridge-based academic created an app that allowed the collection not only of personal data but of data associated with one’s friends on Facebook. The data was then transferred to Cambridge Analytica, and that dataset became the soft code platform on which forensic targeting was deployed during the American presidential elections. We do not yet know, because the Mueller inquiry has not been completed, who was paying for the dark social ads targeted at individuals, as allowed by Cambridge Analytica’s methodology.

The reality is that under Facebook’s privacy policy, and under the law as it stood at the time, it is unlikely that the collection and repurposing of that data was illegal. I understand that the data was collected through an app that was about personality tests, and then re-deployed for election targeting. My understanding of the law is that that was not technically illegal, but I will come on to where I think the crime actually lies.

[Julia Lopez (Hornchurch and Upminster) (Con)]

The right hon. Gentleman’s point makes it clear that the legislation is extremely timely. Does he not agree that that is why we are all here today—to try to improve the current situation?

[Liam Byrne]

Absolutely. That is why the European Commission has been working on it for so long. Today’s legislation incorporates a bit of European legislation into British law.

The crime that may have been committed is the international transfer of data. It is highly likely that data collected here in the UK was transferred to the United States and deployed—weaponised, in a way—in a political campaign in the United States. It is not clear that that is legal.

The scandal has knocked about $40 billion off the value of Facebook. I noted with interest that Mr Zuckerberg dumped a whole load of Facebook stock the weekend before the revelations on Monday and Tuesday, and no doubt his shareholders will want to hold him to account for that decision. I read his statement when it finally materialised on Facebook last night, and it concerned me that there was not one word of apology to Facebook users in it. There was an acknowledgement that there had been a massive data breach and a breach of trust, but there was not a single word of apology for what had happened or for Facebook basically facilitating and enabling it. That tells me that we simply will not be able to rely on Facebook self-policing adherence to data protection policies.

The hon. Member for Hornchurch and Upminster is absolutely right—that is why the Bill is absolutely necessary—but the question about the clause is whether the sanctions for misbehaviour are tough enough. Of the two or three things that concerned me most this week, one was how on earth it took the Information Commissioner so long to get the warrant she wanted to search the Cambridge Analytica offices. The Minister may want to say a word about whether that warrant has now been issued. That time lag begs the question whether there is a better way of giving the Information Commissioner the power to conduct such investigations. As we rehearsed in an earlier sitting, the proposed sanctions are financial, but the reality is that many of Cambridge Analytica’s clients are not short of cash—they are not short of loose change—so even the proposed new fines are not necessarily significant enough.

I say that because we know that the companies that contract with organisations such as Cambridge Analytica are often shell companies, so a fine that is cast as a percentage of turnover is not necessarily a sufficient disincentive for people to break the law. That is why I ask the Minister again to consider reviewing the clause and to ask herself, her officials and her Government colleagues whether we should consider a sanction of a custodial sentence where people get in the way of an investigation by the Information Commissioner’s Office.

I am afraid that such activities will continue. I very much hope that the Secretary of State for Digital, Culture, Media and Sport reflects on our exchange on the Floor of the House this morning and uses the information he has about public contracts to do a little more work to expose who is in the network of individuals associated with Cambridge Analytica and where other companies may be implicated in this scandal. We know, because it has said so, that Cambridge Analytica is in effect a shell company—it is in effect a wholly owned subsidiary of SCL Elections Ltd—but we also know that it has an intellectual property sharing agreement with other companies, such as AggregateIQ. Mr Alexander Nix, because he signed the non-disclosure agreement, was aware of that. There are relationships between companies around Cambridge Analytica that extend far and wide. I mentioned this morning that I am concerned that the Foreign and Commonwealth Office may be bringing some of them together for its computational propaganda conference somewhere in the countryside this weekend.

The point I really want the Minister to address is whether she is absolutely content that the sanctions proposed under the clause are sufficient to deter and prosecute the kind of misbehaviour, albeit still only alleged, that has been in the news this week, which raises real concerns.

UK Basketball

Julia Lopez Excerpts

Tuesday 20th February 2018 Westminster Hall

[Alex Sobel]

My hon. Friend makes an absolutely apt point, which leads me to my next point. My constituent Baile Beyai wrote to me:

“I’m currently studying Politics at Leeds University and Basketball was a big, big reason that I had the self-esteem to even attempt to study at university, especially growing up as a problem child”—

those are his words—

“in a ‘disadvantaged’ area of London. So thank you; it’s an inspiration that you’re commandeering these efforts as I doubt even you know how much impact it has on kids, especially ethnic minorities in low income families. We face a much…bigger dropout than other sports and more funding would definitely improve the chances of young children playing the sport. Growing up I was jumping trains to go to England Basketball trials and sessions by myself, and remember at age 16 I was forced to skip the regional competition because I just didn’t have the £120 to pay for hotels. I doubt such constraints are put on children who’ve been selected to a high level of competition in other sports.”

Minister, do we really want our inner-city kids driven to petty criminality in order to follow their dreams, or to abandon their dreams, as they cannot pay for hotels?

UK Sport recently announced £226 million for Olympic eligible sports until 2021. That includes £14.5 million for equestrian sports, £25.5 million for sailing and more than £6 million for modern pentathlon—a sport that requires a horse, a sword and a gun. None of those sports is within reach of the young people we see playing basketball. We are funding elite sports for elites.

Temi Fagbenle, who top scored for GB in last week’s win against Israel, started playing in Haringey. That ultimately led her to a scholarship at Harvard University and a contract in the Women’s National Basketball Association, where she plays for Minnesota.

Last week, Temi said:

“I feel…they are literally trying to rip the GB shirts off my and my team-mates’ backs. Just look at the athletes on the basketball teams—a lot of us are from ethnic minorities and/or grew up in working-class households. The youth from these groups, and young people in general, aren’t inspired by obscure sports that are completely alien to them, they are inspired by athletes they can relate with.”

This is the sad reality of where we are. The next game for Temi and the other women players will be in November, but will they be able to play that game and qualify for EuroBasket, as we have heard they are on course to do?

I think it is important, Mr Bailey, that you know the background to how we got here. In 2006, British Basketball was formed, as required by the International Basketball Federation—FIBA—in conjunction with the British Olympic Association, to guide our teams through to London 2012, where we qualified as hosts. Since then, basketball has continued to grow in popularity, with more and more players giving us our best ever base for the future, but funding has eroded and is almost entirely at risk, although our elite teams have continued to improve, especially the women, who finished a best ever ninth at the 2013 EuroBasket tournament. The two main funding bodies in this country are Sport England and UK Sport, but at present our GB teams do not receive funding from UK Sport because basketball does not meet the current performance policy. Sport England provides £4.7 million for the grassroots game in England and allocates £1.4 million for talent, with £150,000 of Sport England’s talent grant in 2018, plus a further indicative investment of up to £150,000 from that talent grant, to ensure that the men’s and women’s under-16, under-18 and under-20 age group teams can compete this summer, but there is nothing for the senior teams.

This temporary reallocation of funds is subject to final approval by Sport England, and I understand that it will be confirmed shortly. Grateful as I am to Sport England, that is not enough to sustain our GB teams, and if no more funding comes forward, we will have to withdraw all our teams. The sum of £1 million a year is enough to sustain all of elite basketball in the UK. The funding that basketball received was equivalent to just £10,000 per player, while so-called—but not guaranteed—podium team sports received £40,000 per player in the old funding regime.

[Julia Lopez (Hornchurch and Upminster) (Con)]

I appreciate the hon. Gentleman’s securing this debate, not least because I wake up every day to the NBA highlights on YouTube as my husband is such a fan. One reason for the great appeal of basketball is that it is a game of the street. That is particularly the case in London, where outdoor courts such as Clapham Common, Turnpike Lane and Bethnal Green can act as a social lubricant for people from all backgrounds. Does the hon. Gentleman therefore agree that we need not just to focus on funding costly leagues and indoor basketball courts, but to get local authorities to fund outdoor courts properly and get proper facilities for people?

[Alex Sobel]

Absolutely. I am very grateful for the hon. Lady’s point, because I am not going into great depth about facilities, but we absolutely do need facilities, and I will come to the outdoor game later in my speech.

I am sure that most hon. Members think of basketball as a five-player game indoors, but they will also remember the classic movie “White Men Can’t Jump”, starring Woody Harrelson and Wesley Snipes, in which Woody and Wesley play outdoors on a half-court, two on two. That will not quite become an Olympic sport, but if we add a player on each side, it will: 3 on 3 basketball will debut at the Tokyo 2020 games, in just two years’ time, as a full Olympic sport—an Olympic sport eligible for UK Sport funding. No one knows who the medal challengers will be or what our Olympic potential is.

The game 3 on 3 is played in every urban constituency, as the hon. Member for Hornchurch and Upminster (Julia Lopez) has pointed out. In fact, 3 on 3 basketball is the largest urban team sport in the world, according to a study commissioned by the International Olympic Committee. The Netherlands base their youth basketball development programme on the 3 on 3 style of play, and as a result the country is ranked second across all genders and ages. Ball Out 3x3 is pioneering 3 on 3 basketball in the UK and is endorsed by FIBA 3x3. It will deliver the nation’s biggest 3 on 3 tournament this summer. We will become one of the leaders of 3 on 3 if this continues.

In the United States, rapper Ice Cube has teamed up with former NBA stars to launch a 3 on 3 league. Cube said:

“It was to bring a style of basketball that I grew up playing, watching, and loving, which is 3-on-3 basketball.”

That is the same urban sport that our young people play outdoors. As this is the first debate I have led in Westminster Hall, I hope you will indulge me, Mr Bailey, and let me quote from the Ice Cube song, “It Was a Good Day”, which is about a day in south-central Los Angeles, a very urban and difficult area. It was a day without any gang violence, air pollution or police harassment. He raps:

“Which park, are y’all playin’ basketball?

Get me on the court and I’m trouble”.

The game 3 on 3 is global, urban and an Olympic sport. It has a bright future, but we are not even considering its potential for our own programme. UK Sport revealed in its annual review that athletes in para taekwondo, para badminton, sport climbing, karate and BMX freestyle will receive national lottery support, as they enter the Olympic and Paralympic programme for the first time, but not 3 on 3.

GB Basketball wrote to UK Sport in June last year seeking a meeting about a 3 on 3 programme, but a meeting did not take place until January this year. GB Basketball has asked for help, as it needs expertise to research the position of the 3 on 3 game and strategic support for 3 on 3. I am sure that UK Sport will say that GB Basketball did not apply, which is true, but it took six months for UK Sport to engage with GB Basketball, and support was not forthcoming to put in a comprehensive application for Olympic funding. GB Basketball is waiting for UK Sport to confirm that it will support it in the process. We are missing an opportunity with 3 on 3. However, if we do fund it, we still need to keep our elite basketball teams on the court.