Data Protection Act 2018: Children

Baroness Kidron Excerpts

Thursday 4th March 2021 Lords Chamber

Asked by

[Baroness Kidron]

To ask Her Majesty’s Government, further to their call for views and evidence for the Review of Representative Action Provisions, Section 189 Data Protection Act 2018, published on 27 August 2020, what plans they have to reflect the views of the children consulted as part of the Review in changes to the Data Protection Act 2018.

[The Parliamentary Under-Secretary of State, Department for Digital, Culture, Media and Sport (Baroness Barran)]

My Lords, DCMS officials consulted children directly as part of the call for views. Children who responded pointed to a lack of awareness about how to complain to the ICO or take action against a data controller when things go wrong. That is why we have committed to work with the ICO and other interested parties to raise awareness about the redress mechanisms available to all data subjects, including children. Our focus is on improving the operation of current law, rather than making legislative changes.

[Baroness Kidron (CB) [V]]

I thank the noble Baroness for her response. However, the other thing that children said in the Government’s own review was that 96% of them thought that charities should be able to represent them—and that they had a “lack of support” and

“had not heard of the ICO.”

As the noble Baroness said, they also lacked awareness of how companies such as advertisers might use their personal data—so they may not even know that they have a problem. As such, I challenge the noble Baroness to say that only a handful people can successfully understand and challenge data protection law.

The other thing is that the Government’s reasoning was that children now benefit from the protections of the age-appropriate design code, so I ask the noble Baroness, as Minister for Youth Policy and DCMS: how do the Government reconcile wilfully ignoring the views of children—in favour of the business interests of the tech sector—with their duties under Article 12 of the Convention on the Rights of the Child, which is that views must be heard in “matters affecting the child”? Are we to understand from this that—

[The Earl of Courtown (Con)]

My Lords, could the noble Baroness curtail her question? It is time for the Minister to reply.

[Baroness Kidron (CB) [V]]

I beg your pardon. Is it the Government’s position to adopt protections for children and then block meaningful routes of redress?

[The Lord Speaker (Lord Fowler)]

It is very important that those people asking supplementary questions keep them to a sensible time—otherwise, it simply knocks out other speakers lower down the list.