Border Security, Asylum and Immigration Bill (Sixth sitting)

Becky Gittins Excerpts

Committee stage
Thursday 6th March 2025 Public Bill Committees

[Dame Angela Eagle]

I thank the hon. Lady for speaking to new clause 23. As she said, it seeks to disapply the protections afforded by the UK GDPR regulations to people who have entered illegally or who are foreign criminals. I think that would massively complicate data protection legislation, given that we would always have to keep an eye on who is a foreign national criminal or an immigration offender, over time as well as in the moment. That could make it harder to apply some of the data-sharing rules.

We believe that with the protections in clauses 27 to 29, we can get and share the information that we need to share, to its greatest effect, while protecting people from unlawful disclosure, without complicating things further by trying to check whether somebody is a foreign national offender or has entered the country illegally.

We have a strong history of maintaining high data protection standards. The legislation permits the use of personal data for legitimate purposes, such as immigration control, while giving the public the reassurance that such use will be subject to proportionate safeguards. Our approach will be to rely on the proportionate safeguards, rather than to disapply the entirety of data protection laws to certain groups of people who happen to be in our society at the moment. The proportionality test, with the focus on organised immigration crime, is important.

[Becky Gittins (Clwyd East) (Lab)]

Does the Minister agree that the lesson learned from the previous Government, with the blanket application of some seizure powers under the Illegal Migration Act being so complicated that they were not actually enforced properly—as we learned from one of our witnesses—is a cautionary tale illustrating why new clause 23 should be rejected?

[Dame Angela Eagle]

It is certainly a good idea to create legislation that can actually be commenced. Otherwise, we are just all having a fun time in Committee— I can see everyone agreeing with me—and not affecting the statute book, making it easier to do what must be done or enabling the law to help with that rather than having a gigantic problem. As a Minister, I am certainly in favour of enacting laws that we can commence, and I hope that we will be able to commence large parts of the Bill as soon as it has made its proper progress through both Houses.

The UK has a long history of maintaining high data protection standards. Complicating them by trying to disapply them for certain individuals who are in our society whether we want them to be or not implies that we would have to keep very up-to-date, regular records of every single person in the country to check their status. That sounds like ongoing identity checks across the whole population, and that is easier said than done. It is not Government policy, and I did not think it was Opposition policy either. Although the new clause is well meaning, it is a complication rather than an assistance.

Where the exercise of data subject rights, such as the right to seek access to personal data, could undermine the tasks, appropriate exemptions can be applied on a case-by-case basis. Disapplying data protection rules in a blanket fashion for certain groups is unnecessary and could disadvantage some of the most vulnerable people in society, such as victims of trafficking. On that basis, I hope that the hon. Member for Weald of Kent will not press new clause 23, with the reassurance that we think that these clauses give us the power to use big data and big data analytics in a way that is in keeping with data protection laws, the GDPR and the ECHR.