Draft Data Retention and Acquistion Regulations 2018

Angela Eagle Excerpts

Monday 15th October 2018 General Committees

[Ms Angela Eagle (Wallasey) (Lab)]

I have a few questions for the Minister about some of the matters that he set out. I would like a little more detail on them for the record, so that we can—I hope—go on to support the draft regulations.

These matters concern the delicate balance that must always exist between privacy and the need to fight crime by using material generated in the normal living of life, through new ways of communicating. Will the Minister say a little more about the balance that the Government have decided to strike in the draft regulations? Clearly the wide-ranging system under the existing legislation did not survive the jurisdiction of the Court, so the type of information that can be used for the purpose of fighting crime is being narrowed. How have the Government struck that new balance? I note that none of the draft regulations applies to national security, because it is not within EU competence. Does the regime now being established have any connection with issues of national security?

My second question is a more practical one about the independent authorisation of requests for information. We all agree that it is good to have independent oversight with the capacity to ensure that there is no drift and that the operational behaviour of the system stays within the reasonable bounds of the draft regulations. However, if serious crimes are being pursued, it is equally important that independent authorisation should not become a bureaucratic system that prevents our forces of law and order—which are already under huge pressure from Government expenditure cuts—from doing their job effectively and thereby lets serious criminals off the hook. Will the Minister say a little about the funding arrangements that will be implemented for the independent authorisation of requests, so that the system does not just become a big queue that prevents operational effectiveness in the police force?

Thirdly, does the Minister envisage any parliamentary oversight of the way that the system will evolve over time? Again, it is important to keep such things under review and ensure that they are working well. Clearly, the Home Affairs Committee may have some oversight, but does he envisage coming back to the House in any way?

Fourthly and finally, we are in a situation where Amazon, Facebook and a lot of the tech behemoths have more access to information about how we behave. Cambridge Analytica used 2,000 to 3,000 data points to analyse the likely voting behaviour of millions of people in the US presidential election and in the Brexit referendum in this country, as we know. Private and unaccountable corporations appear to have more access to information about individual citizens of our country than we allow the police. Does the Minister think that balance is right?