Asked by: Lord Freyberg (Crossbench - Excepted Hereditary)
Question to the Department for Digital, Culture, Media & Sport:
To ask Her Majesty's Government what steps they are taking to ensure that all consumers with exchange-only broadband connections are able to access superfast broadband.
Answered by Baroness Barran - Parliamentary Under-Secretary (Department for Education)
According to Ofcom’s latest Connected Nations report, more than 98% of premises in urban areas can access superfast broadband. The Government’s Superfast programme has been instrumental in reaching this level of coverage, with £1.8 billion invested to date. The programme is still ongoing, and future delivery will further increase superfast coverage.
For consumers unable to access download speeds of at least 10 megabits per second, including those on exchange only lines, the Government has legislated to introduce the broadband Universal Service Obligation, which provides households with a legal right to request this minimum speed up to a reasonable cost threshold of £3,400 per premise.
In addition, the Government is committed to delivering nationwide gigabit-capable broadband as soon as possible and has already invested in stimulating demand for gigabit broadband, including in urban areas. The £200 million Local Full Fibre Networks programme has funded projects in urban areas such as Belfast and London, for example.
The Government has also announced that it will invest a further £5 billion to provide gigabit-capable networks in the hardest to parts of the UK. This funding will focus on connecting more rural and remote areas but, alongside this, the Government is also taking action to reduce the barriers to deployment, and make it cheaper and easier for BT Openreach and other operators to roll out broadband commercially, including in urban and suburban areas. For example, we are taking the Telecommunications Infrastructure (Leasehold Property) Bill through Parliament, which will make it easier for network builders to access blocks of flats where there is an absent or unresponsive landlord.
Finally, mobile network operators already provide 4G mobile broadband services which provide a viable alternative to superfast coverage in urban areas. In addition, according to Ofcom’s December 2019 Connected Nations report, more than 40 towns and cities already have access to even faster 5G mobile services, and the rollout has developed further since then.
As part of this, the Government has allocated £200 million from 2017 to March 2022 to support the further development of 5G through its 5G Testbeds & Trials Programme, including up to £20 million in the West Midlands 5G (WM5G) Programme (over three years, to March 2022).
Asked by: Lord Freyberg (Crossbench - Excepted Hereditary)
Question to the Department for Digital, Culture, Media & Sport:
To ask Her Majesty's Government what funding is available to help with the cost of installing (1) superfast, and (2) gigabit-capable, broadband to residential premises, either individually or as part of a Community Fibre Partnership; and whether such funding is available throughout the UK.
Answered by Baroness Barran - Parliamentary Under-Secretary (Department for Education)
Under the Government’s Superfast Broadband programme, premises that are included in a rollout programme do not need to pay for the upgrade to their broadband speeds. They are, however, liable for the recurring costs associated with taking out a superfast service once the upgrade has been completed. These publicly funded rollout programmes are taking place across the UK. To date £1.8 billion of public funding has been invested into this programme, and a further £836 million of new procurement is underway utilising a variety of public funding sources.
Delivery under the Superfast programme is now utilising Fibre to the Premise (FTTP) technology where possible. This technology provides homes and businesses with a fast, reliable and future-proof connection. Furthermore commercial build operators are also rolling out FTTP to homes and businesses across the UK. This commercial build activity is not utilising public funding.
Through our Rural Gigabit Connectivity Programme (RGC), DCMS runs a voucher scheme that can be used by rural communities across the UK to reduce the cost of installing gigabit-capable connectivity. This provides a voucher worth up to £3,500 for eligible small businesses and vouchers worth up to £1,500 for residents.
Community Fibre Partnerships are an initiative offered by Openreach. Openreach will work with local communities to build a customised fibre solution to bring fibre broadband to homes and businesses. A joint funding arrangement is put in place, which means Openreach will contribute to some of the costs and the rest is funded by the community.
Our vouchers can be used in an Openreach Community Fibre Partnership to reduce the costs borne by the community. It is worth noting, however, that Openreach is not the only supplier offering community fibre solutions, and we have over 700 network suppliers registered on the scheme. Our voucher website enables residents or small businesses to enter their postcode and see which suppliers are active in their area.
Asked by: Lord Freyberg (Crossbench - Excepted Hereditary)
Question to the Department for Digital, Culture, Media & Sport:
To ask Her Majesty's Government what plans they have, if any, to amend the Data Protection Act 2018, following the introduction of the European Union (Withdrawal Agreement) Bill.
Answered by Baroness Barran - Parliamentary Under-Secretary (Department for Education)
The Government is committed to ensuring that the UK’s data protection and rights framework remains fit for purpose and can continue to operate in a fast-changing landscape. The Government and the Information Commissioner’s Office keep legislation under constant review to ensure it keeps pace with technical and societal changes. There are powers in the Data Protection Act 2018, overseen by Parliament, to make changes using secondary legislation where appropriate.
Asked by: Lord Freyberg (Crossbench - Excepted Hereditary)
Question to the Department for Digital, Culture, Media & Sport:
To ask Her Majesty's Government what plans they have, if any, to ask the Information Commissioner's Office to issue further guidance on the scope of exemptions to the Data Protection Act 2018 and the General Data Protection Regulation in relation to (1) research and development, and (2) science and innovation; and what plans they have, if any, to introduce statutory instruments on those matters.
Answered by Baroness Barran - Parliamentary Under-Secretary (Department for Education)
The Information Commissioner’s Office (ICO) is an independent regulator and has the power to issue guidance under the UK’s data protection legislation. The ICO has stated that it is working on guidance for Data Sharing, Direct Marketing and Journalism. They can produce their own guidance should they have concerns on a specific area of the law.
Asked by: Lord Freyberg (Crossbench - Excepted Hereditary)
Question to the Department for Digital, Culture, Media & Sport:
To ask Her Majesty's Government what assessment they have made of the Court of Appeal judgment in Lloyd v Google; and what action, if any, they intend to take as a result.
Answered by Baroness Barran - Parliamentary Under-Secretary (Department for Education)
The Government is considering the implications of the judgment and will monitor any actions that may follow it, including any further stages in the legal process.
Asked by: Lord Freyberg (Crossbench - Excepted Hereditary)
Question to the Department for Digital, Culture, Media & Sport:
To ask Her Majesty's Government what plans they have, if any, to replicate the provisions in the Republic of India's Data Protection Bill in relation to the state's right to access, control and process personal data obtained by private enterprises.
Answered by Baroness Barran - Parliamentary Under-Secretary (Department for Education)
The Government has no plans to amend the UK’s Data Protection Act 2018 (DPA) to replicate those provisions contained in the Republic of India’s Personal Data Protection Bill.
The Government takes the protection of personal data and the right to privacy seriously. The DPA sets standards for protecting personal data in accordance with the General Data Protection Regulation (GDPR), and ensures that our laws are fit for the digital age in which an ever increasing amount of data is being processed.
The DPA has various exemptions that disapply a number of obligations on data controllers in certain circumstances, for example, the information required to be disclosed in connection with legal proceedings, crime and taxation. These exemptions do not oblige an organisation to disclose personal information.
All data controllers, including public authorities, are required to comply with the DPA. Organisations that collect and use personal data must do so with an appropriate legal basis and apply exemptions to the rules on a case by case basis.
Asked by: Lord Freyberg (Crossbench - Excepted Hereditary)
Question to the Department for Digital, Culture, Media & Sport:
To ask Her Majesty's Government what assessment they have made of the data localisation restrictions on sensitive personal and biometric data in place in India and China; and what plans they have, if any, to introduce similar restrictions in the UK.
Answered by Baroness Barran - Parliamentary Under-Secretary (Department for Education)
The Government considers that in the UK, data localisation should be limited to cases that are specific and well-justified.
Asked by: Lord Freyberg (Crossbench - Excepted Hereditary)
Question to the Department for Digital, Culture, Media & Sport:
To ask Her Majesty's Government what plans they have, if any, to transfer responsibility for data protection from the Department for Digital, Culture, Media and Sport to another Government Department.
Answered by Baroness Barran - Parliamentary Under-Secretary (Department for Education)
Questions about the machinery of Government are not made at Departmental level, but the Government attaches great importance to the issue of data protection and the role it plays in building a strong and trusted data economy.
Asked by: Lord Freyberg (Crossbench - Excepted Hereditary)
Question to the Department for Digital, Culture, Media & Sport:
To ask Her Majesty's Government, further to the Written Answer by Lord Ashton of Hyde on 19 July (HL17042), who will be responsible for monitoring the adequacy of Standard Contractual Clauses (SCCs) after Brexit; and whether they have adequate powers and sufficient funding in place to enforce the use of SCCs where data transfers between the UK and non-EEA countries are concerned.
Answered by Baroness Barran - Parliamentary Under-Secretary (Department for Education)
When the UK leaves the EU, the Information Commissioner's Office (ICO) will maintain its responsibility for enforcing compliance with data protection legislation, including monitoring the use of Standard Contractual Clauses.
In February 2019 Parliament passed a Statutory Instrument (SI) setting out the criteria and process for creating and amending Standard Contractual Clauses either by the Secretary of State or by the Information Commissioner in conjunction with the Secretary of State. These provisions include a duty on both Secretary of State and the Information Commissioner to keep existing Standard Contractual Clauses under review.
The government remains committed to ensuring that the ICO is a world class regulator and has the resources and enforcement tools it needs to safeguard the rights of individuals while allowing organisations to process personal data.
Asked by: Lord Freyberg (Crossbench - Excepted Hereditary)
Question to the Department for Digital, Culture, Media & Sport:
To ask Her Majesty's Government what assessment they have made of the operation of sections 17A and B of the Data Protection Act 2018 as inserted by the Data Protection, Privacy and Electronic Communications (EU Exit) Regulations 2019; how many times the provisions contained within those Regulations have been exercised; and what plans they have, if any, to review the exercise of those powers once the UK leaves the EU.
Answered by Lord Ashton of Hyde
The EU Withdrawal Act 2018 will retain the General Data Protection Regulation (GDPR) in domestic law when the UK leaves the EU. The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 use powers under that Act to correct deficiencies in the GDPR so that it remains operable in a purely domestic context. For example, the Regulations rename the GDPR as the ‘UK GDPR’, repatriate certain powers from the EU Commission to the Secretary of State and replace European terminology with UK equivalents.
Section 17A of the Data Protection Act 2018, as inserted by these Regulations, repatriates power from the EU Commission to the Secretary of State to make adequacy decisions for the purposes of Article 45 of the UK GDPR. Section 17B sets out the requirement for ongoing monitoring of adequate countries and for adequacy decisions to be reviewed at least every four years (maintaining the standards in Article 45 of the GDPR).
The EU Exit provisions of these Regulations have not yet been exercised because they only come into force on Exit Day.