Sub-Committee on Disinformation

Debate between Damian Collins and Margot James

Thursday 4th April 2019 Westminster Hall

[Damian Collins]

I have some information on that, but given that the Minister is here, I will leave it to her to respond. The official word is “imminently”, which I think means “very imminently”. We look forward to the White Paper; it is an important piece of work that I hope will lay the foundations for turning the work of our inquiry, and other work that the Government have done, into real policy. We could establish in this country a world-leading framework for dealing with these issues.

[The Minister for Digital and the Creative Industries (Margot James)]

Life in Parliament is full of surprises at the moment. I must confess that I had a complete misunderstanding about today’s hearing; I thought it was in the main Chamber. When I alighted on the Order Paper on my return from a meeting outside the House and saw that this hearing was absent from it, I thought that it must have been moved—along with so many other things in Parliament at the moment. That explains why I have no official documentation whatsoever.

However, as my hon. Friend the Member for Folkestone and Hythe (Damian Collins) knows, this is my top priority across what is a very broad brief. I will therefore respond based on my own understanding, the excellent remarks that have been made by hon. Members, and of course the report of my hon. Friend’s Select Committee, which I read from cover to cover. I commend his work as Chairman, and all hon. Members who serve on that Committee, which exemplifies the power and potential that a Select Committee can bring to policy making. I am delighted to hear of the new development that my hon. Friend has announced: the Sub-Committee that he has set up specifically to tackle disinformation sounds like an excellent initiative.

I was delighted to hear that at the first meeting of that Sub-Committee, Members will be able to question and hear from the Information Commissioner, whose office is the leading data protection agency across Europe. That is partly because of the reputation of Elizabeth Denham, the commissioner; partly because of the huge additional resources that we have given the Information Commissioner’s Office; and partly because the office is leading on an investigation into the misuse of data, primarily by Facebook but by other platforms as well.

Oral Answers to Questions

Debate between Damian Collins and Margot James

Thursday 13th December 2018 Commons Chamber

[Margot James]

The hon. Gentleman will be reassured to know that had that breach occurred since the Data Protection Act was put into law, the Information Commissioner’s Office would have had substantially increased additional powers to take measures to address it. The Government are investing almost £2 billion in cyber-security, and the National Cyber Security Centre is there to help individuals, Members of Parliament and businesses.

[Damian Collins (Folkestone and Hythe) (Con)]

Documents published last week by the Select Committee show that Facebook was offering privileged access to user data to some commercial partners without those users’ knowledge, and was cutting off some other companies’ access to data altogether. Does the Minister feel that this should be a matter of investigation not only for the Information Commissioner but for the competition authorities?

[Margot James]

My hon. Friend makes a very good point. I congratulate him and his Committee on the work that they have done. His exposure of the information that Facebook engineers have reported the mass harvesting of data since 2014 is certainly worthy of continuing investigation.

Oral Answers to Questions

Debate between Damian Collins and Margot James

Thursday 1st November 2018 Commons Chamber

[Damian Collins (Folkestone and Hythe) (Con)]

Does the Minister accept, however, that Google is accepting ads through Viagogo agents that are in breach of consumer protection law and of Google’s own terms of service, and that it is effectively taking money through being party to a fraud by allowing those ads to run?

[Margot James]

I absolutely sympathise with my hon. Friend’s point of view. I have had discussions with Google on this very point. I think it is safe to say that we have a difference of view, but I remain optimistic that the search engines will comply with their own terms and conditions in the end.

Oral Answers to Questions

Debate between Damian Collins and Margot James

Thursday 6th September 2018 Commons Chamber

[Margot James]

The hon. Gentleman raises serious issues of which I am aware. The Government will respond to the Select Committee report very shortly, and I can assure him that the Electoral Commission, the Information Commissioner’s Office and the Government will be looking very robustly at the evidence the Select Committee has provided.

[Damian Collins (Folkestone and Hythe) (Con)]

Following the Cambridge Analytica data scandal, the Minister will be aware that there are concerns that there may have been other data breaches affecting Facebook user data. These are currently being investigated by the company, but the company alone, and it is under no obligation at all to share the findings of those results. Does the Minister believe that it should be a matter for the regulators and the ICO to check that Facebook is doing its work properly?

[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.

Data Protection Bill [Lords]

Debate between Damian Collins and Margot James

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

[Damian Collins]

The significance of the Bill and the importance of data and data protection to the economy and the whole of society is reflected in this debate. The fact that amendments have been tabled on Report through the work of three different departmental Select Committees shows how wide-ranging this issue is.

I principally want to talk about amendments 20 and 21, which stand in my name and those of other members of the Digital, Culture, Media and Sport Committee and which are addressed by Government amendments, too. Before I do so, I want to add that the Chair of the Home Affairs Committee, the right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper), made a very important point about the fact that some people—particularly those involved in immigration cases—may not have full access to the data rights enjoyed by others. If the Minister can provide any further clarification, I will be happy to give way before I move on.

[Margot James]

After the exchange I had with the hon. Member for Newcastle upon Tyne Central (Chi Onwurah), I wanted to confirm that the Home Office will certainly not destroy any data for which there is still a legitimate and ongoing need not just for the Home Office but for data subjects.

[Damian Collins]

I am grateful to the Minister for that further clarification.

Amendments 20 and 21 get to the heart of an issue that has been raised by a number of Members, which is the power of the Information Commissioner to act in data investigations. The Minister, the right hon. Member for Birmingham, Hodge Hill (Liam Byrne) and others have referenced the Cambridge Analytica data breach scandal, which is a very good example of why these additional powers are needed. We raised that in the Select Committee with the Secretary of State. The Information Commissioner raised it with us and it was raised on the Floor of the House on Second Reading.

The ability to fine companies for being in breach of data rules is important, but what is most significant is that we get hold of the data needed by investigators, so that we understand who is doing what, how they are doing it and how wide-ranging this is. It is crucial that the Information Commissioner has the enforcement powers she needs to complete those investigations.

In the case of Cambridge Analytica, an information notice was issued by the Information Commissioner to that company to comply with requests for data and information. Not only did Cambridge Analytica not comply, but Cambridge Analytica and Facebook knew that. That information notice expired at 5 o’clock on the evening of the day when that deadline was set; it was the beginning of the week. Before the notice had expired and a warrant could even be applied for, Facebook had sent in its own lawyers and data experts to try to recover data that was relevant to the Information Commissioner’s request.

The Information Commissioner found out about that live on “Channel 4 News” and then effectively sent a cease and desist note to Facebook, telling it to withdraw its people. She might very well not have been made aware of what Facebook was doing that evening, and data vital for her investigation could have been taken out of her grasp by parties to the investigation, which would have been completely wrong. Not only did that happen—thankfully, Facebook stood down—but a further five days expired before a warrant could be issued—before the right judge in the right court had the time to grant the warrant to enable her to complete her work. We live in a fast-moving world, and data is the fuel of that fast-moving world, so we cannot have 19th or even 20th-century legal responses. We must give our investigatory authorities the powers they need to be effective, which means seizing data on demand, without notice, as part of an investigation, and having the ability to see how data is used in the workplace or wider environment.

The Government are bringing forward amendments, which I think have the support of the House, that will give us one of the most effective enforcement regimes in the world. They will give us the power to do something we have not been able to do before, which is to go behind the curtain to see what tech companies, even major tech companies, are doing and make sure they comply with our data rules and regulations. Without that or an effective power to inspect, we would largely be in the position of having to take their word for it when they said they were complying with the GDPR. Particularly with companies such as Facebook that run closed systems—they have closed algorithms and their data is not open in any way—there are very good commercial reasons for doing so, but there are also consumer safety reasons. We must have the power to go in and check what they are doing, so the amendments are absolutely vital.

There are further concerns. The shadow Minister, the right hon. Member for Birmingham, Hodge Hill, was right to raise concerns about honesty and transparency in political advertising. Both the Information Commissioner and the Electoral Commission are examining the use of data in politics, as well as looking at who places the ads. It is already a breach of the law in the UK, as it is in other countries, for people outside our jurisdiction to run political advertising during election campaigns in this country.

In the case of Facebook, it is unacceptable that its ad check teams have not spotted such advertising and stopped it happening when someone is breaking the law. If this were about the financial services sector, we would not let a company say, “Well, we thought someone was breaking the law, but we weren’t told to do anything about it, so we didn’t”. We would expect such a company to spot it and to take effective action. We need to see a lot more progress on this, particularly in relation to the placement of micro-targeting ads and dark ads. The Institute of Practitioners in Advertising has called for a moratorium on the micro-targeting of political ads, which may be seen only by the person who receives an ad and the person who places it.

When the chief technology officer of Facebook, Mike Schroepfer, gave evidence to the Select Committee, I asked him whether, if someone set up a Facebook page to run ads during a campaign and micro-targeted individual voters before taking down the page at the end of the campaign and destroying the adverts, Facebook would have any record that that advertising had ever run, he said that he did not know. We have written to him and Mark Zuckerberg saying that we need to know, because unless we know, a bad actor could run ads in huge volumes, investing a huge amount of money in breach of electoral law, and if they did not declare it, there would be no record of that advertising ever having been placed.