Children’s Private Information: Data Protection Law

Debate between Lord Scriven and Baroness Barran

Monday 12th December 2022 Lords Chamber

[Baroness Barran (Con)]

The noble Baroness will be aware that the Government have brought forward the Data Protection and Digital Information Bill, which was introduced in the Commons in July this year. We are committed to making sure that our data protection systems are fit for purpose, including in relation to the issues raised by the noble Baroness.

[Lord Scriven (LD)]

My Lords, the next scandal brewing is the use of facial recognition technology in schools and the department’s lack of a grip on this issue. Despite repeated requests from the Biometrics and Surveillance Camera Commissioner to have legal oversight of the ethical use of that technology in schools, the Government have refused to agree. Why is this loophole still there, and when will it be closed?

[Baroness Barran (Con)]

The noble Lord raises an important point. The safety of our children is of course fundamental and the department’s role in protecting them is vital. If I may, I will write to the noble Lord on the details of his question.

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[Baroness Barran (Con)]

My noble friend is right. I would stress that, unsurprisingly and rightly, the department took this breach extremely seriously. It was proactive in raising it with the Information Commissioner’s Office and has a very active programme of work but, in relation to the recommendations from the Information Commissioner, the vast majority of them are completed and the rest are on track.

[Lord Scriven (LD)]

For the record, the Minister has just said from the Dispatch Box that the problem arose because the company changed to a different business model. Is it not correct that the Information Commissioner’s Office pointed out that the reason this happened was not that the change took place but that the department had no oversight of third-party use of that database?

[Baroness Barran (Con)]

I am not sure that the Dispatch Box is the ideal place to go through the line-by-line analysis. The noble Lord is right that the way that the department’s contracts were set up at the time did not give the same recourse if the terms and conditions of a contract were breached by a third party. That has now been changed.

Education Technology: Oak National Academy

Debate between Lord Scriven and Baroness Barran

Monday 7th November 2022 Lords Chamber

[Baroness Barran (Con)]

I will look at the numbers to which my noble friend refers. I wonder whether she is referring to lessons delivered by Oak during the pandemic, when they were online and children were working from home. Obviously, the resources that the department is funding Oak to develop in future will be for teachers to deliver in the classroom—although it also provides a back-up and support in the event, God forbid, of another pandemic.

[Lord Scriven (LD)]

My Lords, following on from the question of the noble Baroness and her mention of the Times Educational Supplement article, the analysis also shows no clear trend between Oak usage and a school’s Ofsted rating in schools overall. Therefore, why is this investment being made if it is not improving Ofsted ratings and school performance?

[Baroness Barran (Con)]

These are very early days; this is strategic investment for the next many years. I challenge the House to think of the questions it would be posing to the department if we were not investing in digital resources for children.

Schools: Biometric Technologies

Debate between Lord Scriven and Baroness Barran

Monday 6th June 2022 Lords Chamber

[Lord Scriven]

To ask Her Majesty’s Government what assessment they have made of the adherence of schools to Chapter 2 of the Protection of Freedoms Act 2012 when implementing biometric technologies.

[The Parliamentary Under-Secretary of State, Department for Education (Baroness Barran) (Con)]

My Lords, the decision to use biometric technology rests entirely with individual schools, which must ensure that the use of biometric data complies with all relevant legislation. We provide guidance, making clear that schools must comply with the law when implementing biometric technologies, including the Data Protection Act, the UK GDPR and the Protection of Freedoms Act.

[Lord Scriven (LD)]

Facial recognition technology is now used in classrooms to monitor children’s mood and engagement, despite some parents objecting. The biometric regulator has no powers to enforce compliance with the law in schools and the department does not even monitor the use of this technology. Why are the Government taking this approach, allowing private companies’ marketing departments to determine the parameters of our children’s civil liberties and privacy in the classroom?

[Baroness Barran (Con)]

The Government have extensive legislation in relation to the individual’s rights for their own data, particularly highly sensitive data such as biometric data. The Government have been clear that live facial recognition technology is not appropriate in schools and colleges.

--- Later in debate ---

[Baroness Barran (Con)]

There are a range of purposes. One, as the noble Baroness, Lady Chapman, mentioned, is in relation to payment; another is access to libraries, where fingerprinting is often used. They are also used in order that children accessing free school meals do not have a separate payment system and are not stigmatised and their dignity is not affected.

[Lord Scriven (LD)]

Why will the Government not allow the Biometrics Commissioner to be the regulator of schools? The commissioner has asked for that, and the Government have so far refused. Why are the Government refusing a regulator to ensure that the rules and regulations that the Minister keeps referring to are being adhered to by every school in this country?

[Baroness Barran (Con)]

There is already a regulator. The Information Commissioner’s Office regulates this area and, if the noble Lord would let me respond, the key statutory functions of the Biometrics Commissioner are explicitly to keep under review the retention and use of DNA and fingerprints by the police.

Events Research Programme

Debate between Lord Scriven and Baroness Barran

Wednesday 23rd June 2021 Lords Chamber

[Baroness Barran (Con)]

Obviously, the scenes that were broadcast of people singing in pubs around the events outside the scope of the pilot events are governed by step 3 of the road map, which is absolutely clear that such behaviour is not permitted.

[Lord Scriven (LD)]

My Lords, thanks to Politico this morning, we now know that the events research programme has internal polling which shows that, if face masks were to continue after 19 July, 28% of people will be less likely to attend an event; a ban on food and drink would mean that 43% of people would be less likely to attend an event; and only with mandatory Covid testing would 15% would be more likely to attend. In light of that data, what are the long-term implications for testing at such events?

[Baroness Barran (Con)]

I thank the noble Lord for his question. One of the things that we are seeking to understand better in the third phase of the events research pilots will be the use of testing and certification and how that may or may not be applied in future, although I stress that no decision has been taken on that.

European Football Championships: Travel

Debate between Lord Scriven and Baroness Barran

Monday 21st June 2021 Lords Chamber

[Baroness Barran (Con)]

As the noble Lord knows, the fan-led review is separate from today’s topic of discussion. With regard to support for traders, the Government’s generous cross-economy package continues through to September, as he is also aware.

[Lord Scriven (LD)]

My Lords, on 18 June the Prime Minister said, in regard to this issue, that protecting public health was his priority. What public health data, therefore, do the Government have that indicates that up to 2,500 UEFA officials are less likely to catch and spread Covid-19 than ordinary football fans, who will have to quarantine?

[Baroness Barran (Con)]

The noble Lord knows that the health status of those officials is unlikely to be different from that of anyone else. What is different is that those officials are exempted to enter the UK only as part of an elite sport bubble, unlike others.