Data Protection Bill [HL]

Baroness Howe of Idlicote Excerpts

3rd reading (Hansard): House of Lords & Report: 2nd sitting (Hansard): House of Lords
Wednesday 17th January 2018 Lords Chamber

Moved by

[Baroness Howe of Idlicote]

4: Clause 124, page 69, line 7, at end insert—
““children” means people under the age of 18;”

[Baroness Howe of Idlicote (CB)]

My Lords, I am pleased to speak to my Amendment 4, which I regard as small but important for the purposes of clarification.

Last month, there was universal support from your Lordships when my noble friend Lady Kidron introduced her excellent amendment on the age-appropriate design code, which is now the subject of Clause 124. At the time, I raised a question about the intention regarding the scope of the amendment, as there is no definition of “children” either in the amendment or in the Bill. I said that, as the amendment refers to the United Nations Convention on the Rights of the Child,

“I assume that the intention is that the age-appropriate design code of practice will cover all children up to the age of 18”.—[Official Report, 11/12/17; col. 1430.]

During the debate, my noble friend Lady Kidron said:

“The code created by the amendment will apply to all services,


‘likely to be accessed by children’,

irrespective of age and of whether consent has been asked for. This particular aspect of the amendment could not have been achieved without the help of the Government. In my view it is to their great credit that they agreed to extend age-appropriate standards to all children”.—[Official Report, 11/12/17; col. 1427.]

I was reassured by this statement about the intent of the clause but I remain concerned that there is no explicit definition in the Bill to indicate that we are indeed talking about any person under the age of 18, especially as the reference to the requirement to engage with the UN Convention on the Rights of the Child in Clause 124(4) is an obligation only to “have regard to”.

The truth is that there is no clear or consistent reference to a child or children in the Data Protection Bill. Clause 9 defines the right of a child to consent to their data’s use and says that this right starts at 13. Clause 201 covers children in Scotland, suggesting that there the right commences at the age of 12. These different approaches open up the door for arguments about the age at which the rights conferred by Clause 124 are operational for children. I would hate us to find ourselves in a position where, once this Bill was passed, a debate began about the ages at which the benefits of Clause 124 applied to children. This could result in a narrowing of the definition of children benefiting from Clause 124 so that it related only to some people under 18, rather than to all those under 18, on account of the Bill not being clear.

Years of experience have taught me that it is best to be crystal clear about what we are talking about, and that is why I have tabled this amendment. If the Government do not think it necessary, I hope the Minister will clearly state in his reply that the Government intend that Clause 124 should indeed relate to all persons under the age of 18. I look forward to hearing what he has to say. I beg to move.

[Baroness Kidron (CB)]

My Lords, I thank my noble friend for bringing this issue to the attention of the House. It is my understanding that, by invoking the UNCRC, we are talking about children being people under the age of 18. I would very much welcome the Minister’s saying that that extends beyond Clause 124, which we brought forward, to everywhere in the Bill that “children” is mentioned.

--- Later in debate ---

[Baroness Howe of Idlicote]

My Lords, I thank all those who have spoken, particularly the Minister for his considerate reply, which he will appreciate I nevertheless find somewhat disappointing. I hope that when the Data Protection Bill reaches the other place the issue will be debated again—and even that the Minister might by then have changed his mind. Nevertheless, in the meantime clearly I must do as requested. Therefore, I beg leave to withdraw the amendment.

Amendment 4 withdrawn.