Oral Answers to Questions

Debate between Chi Onwurah and Margot James

Thursday 4th July 2019 Commons Chamber

[Margot James]

I know that in the hon. Gentleman’s constituency and in the rest of Northern Ireland there has obviously been a delay in deploying that budget on account of there being no Government in Northern Ireland. My officials are in discussions with the Department for Business, Energy and Industrial Strategy to ameliorate that situation, and I will write to him with the latest details.

[Chi Onwurah (Newcastle upon Tyne Central) (Lab)]

3. What steps he is taking to tackle the potential inappropriate use of algorithms in the (a) public and (b) private sector.

WhatsApp Data Breach

Debate between Chi Onwurah and Margot James

Wednesday 15th May 2019 Commons Chamber

[Margot James]

I will answer the questions that I can answer. I cannot speak for what Facebook and WhatsApp are doing, but I can assure my hon. Friend that, as part of the general data protection regulation across Europe, the Data Protection Act has put in place the strongest privacy standards, rules and laws anywhere in the world. In our Information Commissioner’s Office we have the best resourced ICO in Europe, and we gave the commissioner enhanced powers last year. The ICO has shown itself to be superb in utilising those powers.

[Chi Onwurah (Newcastle upon Tyne Central) (Lab)]

This WhatsApp scandal demonstrates again that the Government’s online harms White Paper is too little, too late, as it deals only with harms arising from user-generated content. What we need is a robust regulatory framework that assigns rights and responsibilities.

When a vulnerability is identified, as the Minister has said, it is essential to install an update as quickly as possible. Too many of our citizens still do not have access to fixed wireless broadband and will be obliged to install the update over a mobile network, incurring significant charges. Who should pay those charges?

[Margot James]

I reassure the hon. Lady that we already have robust legislation in place through the introduction of GDPR. We also have competition law and a number of agencies. Indeed, Opposition Members usually complain that we have too many regulatory bodies in this space. We have the Competition and Markets Authority, Ofcom and the Information Commissioner’s Office, and we will be setting up a powerful regulator on the back of our online harms White Paper. People should be taking more responsibility for the security of their devices, and the NCSC has very good user advice on its website.

Centre for Data Ethics and Innovation

Debate between Chi Onwurah and Margot James

Tuesday 20th November 2018 Commons Chamber

[Margot James]

The inquiry I referred to in the previous answer has been reported on by the Information Commissioner, and she is setting forth a code of practice for political parties to sign up to on their use of data and how data are processed.

[Chi Onwurah (Newcastle upon Tyne Central) (Lab)]

A dating service that optimises short-term relationships to ensure repeat business. A taxi service that charges people more when their phone battery is low. A recruitment service that prioritises men for higher paid vacancies. I welcome the new centre but, with respect, those examples do not require ethical investigation; they require regulation and enforcement. When will we get that?

Oral Answers to Questions

Debate between Chi Onwurah and Margot James

Thursday 6th September 2018 Commons Chamber

[Margot James]

This is a live and ongoing independent investigation by the commissioner and a number of legal proceedings are under way. We continue to expect that all organisations, including Facebook, fully co-operate with the ICO.

[Chi Onwurah (Newcastle upon Tyne Central) (Lab)]

The Government know that data is the driving technology behind so much of our new economy and social change, yet they have done absolutely nothing to put out a coherent data regulation framework. Will the Minister commit to undertaking a data review so that we can identify who owns data and how it should be processed?

[Margot James]

To some degree the hon. Lady’s concerns have been addressed by the new provisions in the Data Protection Act and the incorporation of GDPR, but she does make the good point that data extends beyond what has already been covered by that Act, and the Government are in the process of reviewing the whole issue of data with the idea of publishing a national data strategy in due course.

Data Protection Bill [Lords]

Debate between Chi Onwurah and Margot James

3rd reading: House of Commons & Report stage: House of Commons
Wednesday 9th May 2018 Commons Chamber

[Chi Onwurah (Newcastle upon Tyne Central) (Lab)]

I thank the Minister for that clarification, but I am not sure that it is clear enough. She will undoubtedly be aware that the Windrush documents were supposedly destroyed as a result of data protection requirements. There remains a significant possibility that there will be a wholesale destruction of data, some of which might be important, useful and legitimately kept, unless the Government take further action.

[Margot James]

I commend the hon. Lady for that observation, because she has a fair point. I will raise her concern with the Information Commissioner. My right hon. Friend the Member for Hemel Hempstead said that some businesses have been advised that they should delete their data, so I can see where the hon. Lady is going on that. It raises the prospect that some organisations might use this as an excuse to delete data that it would be in the data subject’s interests to preserve.

I have not been able to address every amendment in the time available, but I am mindful of the number of colleagues who wish to contribute, and we have less than 60 minutes remaining. I have addressed most of the matters that came up in the Public Bill Committee, and the Government’s position will remain the same on many of them.

In short, we have enhanced the ICO’s enforcement powers, we have changed the way we share data, we have reached out to parish councils, we have narrowed the immigration exemption and we have responded to calls to better protect lawyer-client confidentiality. We have also dealt—effectively, I hope—with the concern expressed by my hon. Friend the Member for Totnes about the sharing of data between the Department of Health and Social Care and the Home Office.

[Liam Byrne]

May I start by welcoming the new powers for the Information Commissioner, which we called for in Committee? Nobody who observed the debacle of the investigation into Cambridge Analytica will have needed persuading that that those powers are necessary—it took the court five or six days to issue the requisite search warrants, and that time might well have been used by Cambridge Analytica to destroy evidence—so I am glad that the Minister has heeded our calls and introduced the proposals this afternoon. We are happy to give them our support.

I will speak to a number of new clauses and amendments in the group, particularly new clause 4, which is our enabling clause for creating a bold and imaginative Bill of data rights for the 21st century. I want to make the case for universal application of those rights, including their application to newcomers, who need rights in order to challenge bad decisions made by Governments, which is why our amendment 15 would strike out the immigration provisions that have so unwisely been put into the Bill. I will also say a few words about new measures that are needed in the Bill to defend the integrity of our democracy in the digital age.

The Minister took the time to make a comprehensive speech, which included an excellent explanation of the Government amendments, so I will be brief. Let me start with the argument for a Bill of data rights. Every so often we have to try to democratise both progress and protections. In this country we are the great writers of rights—we have been doing it since Magna Carta. Over the years, the universal declaration of human rights, the UN convention on the rights of the child, the charter of fundamental rights, the Human Rights Act 1998, the Equality Act 2010 and, indeed, the original Data Protection Act have all been good examples of how good and wise people in this country have enshrined into charters and other legal instruments a set of rights that we can all enjoy, that give us all a set of protections, and that help us to democratise progress.