Data Protection Bill [HL]

Baroness Harding of Winscombe Excerpts

Committee: 2nd sitting (Hansard): House of Lords
Monday 6th November 2017 Lords Chamber

It is imperative that children and young people are able to access a digital environment creatively, knowledgably and fearlessly. In helping them do so, we would be fulfilling the Government’s manifesto pledge to make the UK the best place in the world to be on line. I beg to move.

[Baroness Harding of Winscombe (Con)]

My Lords, I should draw the attention of the House to my interests in various digital organisations as set out in the register. I put my name to the amendments tabled by the noble Baroness, Lady Kidron, with a heavy heart, if I am honest. I have spent the past eight years running an internet service provider and arguing that competition is the route to delivering better services for consumers, and a large part of me would really like to believe that the fierce competition that exists among social media companies and other web applications would drive to the right outcomes for our children and for parents looking to protect their children, but the sad truth is that that is not the case. I have worked for and with many very well-meaning and talented people who lead these businesses, but the truth is that some of the largest companies in the world are simply not putting in place the most basic protections for our children. It is clear that our children are not protected. What is more, children say that themselves. They love social media platforms, but in research conducted by the Children’s Society, 83% of children said that they think that social media companies should do more to protect them, and we know that if we ask parents we get very similar statistics.

It is also clear that we know what could be done. It is no good saying we should set minimum standards if we do not have a sense of what those basic minimum standards would be. As the noble Baroness, Lady Kidron, has just set out, the children’s charities, led mainly on this by the NSPCC and the Anti-Bullying Alliance, are very clear about what some very basic standards would look like: the strongest privacy settings being default on for anyone under 18; geolocation turned off as a default if you are under 18; regular prompts about your privacy settings targeted in language that under-18s will understand; age being a required field when signing up for a service; and clear, transparent reporting processes if a child reports abusive behaviour on that platform in children’s language.

These are not difficult things, and I hope they are not contentious, yet they are not being done. We owe it to our children to step back and ask why these basic things are not being done. People attempted to argue that this is because these are small start-ups scrambling in the rush to build a tech business, but I am afraid the basic things I have just listed are by and large not done by the largest businesses on the planet, providing services to the vast majority of our children.

The second reason people argue these things are not being done is that these are global businesses that will develop only one, global, product and they cannot—they are terribly sorry—adjust for our children’s needs when they are working on their global technology road map. That is just not a good enough argument. In every other form of regulation the world over, good regulation begins in one geographical area and then spreads. We should not allow these large companies to tell us that because they are global they cannot engage with us locally. Actually, they are all learning that that is not true.

I suspect that the real reason we are not getting change is a very practical one, which is that every technology company in the world has a contended development pipeline, by which I mean they have more things they want to do to improve their product for their customers than they have the resource or capability to deliver. I say this having been a chief executive of a tech company: you spend your life trying to prioritise the list of ideas and innovations, and the harsh reality is that protecting children is not coming high enough up that contended technology stack in any of these businesses. That is probably not surprising, because children themselves will be asking for other things as well, and it is exactly why you need to have regulation.

We accept absolutely, almost as an act of faith, that minimum health and safety standards are necessary in the physical world and that factories have to meet basic regulatory standards. The digital world is no different. We know what those basic standards should be now. I am sure they will change over time, but we know enough to set them. Our children’s mental health is every bit as important as people’s physical health as they grow up. This is something that we have to face.

I hope your Lordships will forgive me if I am getting the procedures of the House wrong, but my noble friend Lady Lane-Fox asked me to add her voice to this debate. Although she is currently in her place, she says:

“I cannot be in my place for the length of the debate today but I would like to add my voice to the amendment. There is a clear need for more to be done to protect children and to ensure that they can realise the multiple benefits of engaging with the internet while recognising that they are not yet experienced users.


I welcome the opportunity to design accessible and clear services that help children to navigate around safely. As others may already have raised, designing for children is not technically difficult—the BBC has been doing it well online for many years, but it is right to ensure more services are as careful and do not shirk their responsibilities. As I raised in Second Reading, I would very much hope that the ICO will be given the necessary resources to be able to handle Baroness Kidron’s sensible suggestions alongside the other sizeable new areas of activity that they are being given in this Bill”.


Switching back to my own voice, I join the noble Baroness in being convinced of the good that the digital world can do, but as with all technology, we need to mould it to meet our needs, not vice versa, and it is high time we set out the basic safety requirements our children need. That is what this set of amendments intends to do, which is why I support it.

[Lord Storey (LD)]

My Lords, as I have said on a number of occasions, my previous job for 40 years was a teacher, 20 of those as a head teacher. One of my prime responsibilities as a head teacher was the safeguarding of children in my school. That was the most important thing I did: to make sure they were safe, so that those primary-age children, aged from five to 11, and nursery as well, could enjoy their childhood and their parents could know that they were safe and enjoying their innocence.

The Government did a lot with their education policies about safeguarding. Anyone visiting the school had to be checked and double-checked and had to wear identification. Children who went out of school had to be escorted properly and correctly. As part of our personal and social health education, we made sure that young people themselves understood. Yet, when it comes to this area, we seem not to take the role as seriously as we should. I was reading the newspapers on the train from Liverpool this morning. I just could not believe the Times headline:

“Children as young as ten are sexting”.


The article says that,

“according to figures from the National Police Chiefs Council. In 2015-16, there were 4,681 cases”,

where children as young as 10 were either sending inappropriate messages or photographs to other pupils or receiving them. Imagine it was your daughter who at the age of seven or eight—and some of them are that young—was receiving inappropriate pictures from other pupils. How would you feel as a parent? Is that really protecting or safeguarding those children?

I do not want to speak at length in this debate; I think the noble Baronesses, Lady Kidron and Lady Harding, have said it all. It is not beyond our wit to do these simple things. I have seen for myself that self-regulation does not work. I hope that between now and Report the Government will put aside any feeling that, “We can’t do this because of the EU, because of our own lethargy, because of what we have said in the past or because it will create more regulation”. This is about children. Let us all agree that on Report we can agree these eminently sensible amendments.