Data Protection Bill [Lords] (Sixth sitting)

Daniel Zeichner Excerpts

Tuesday 20th March 2018 Public Bill Committees

[Margot James]

I want to correct one thing that the hon. Gentleman said: I did not say that that activity was taking place across the industry; I said that it was still taking place. Indeed, we have heard the horrendous allegations made by John Ford, albeit referring to behaviour that predates 2011. He alleges that it is still going on. I am not denying that it probably is still carrying on in pockets, but I would not say that it is widespread.

Press self-regulation has changed significantly in recent years with the establishment of IPSO, which follows many of the principles set out in the Leveson report. As so few publishers have joined a regulator recognised under the royal charter, commencement of section 40 would have a chilling effect on investigative journalism, which is so important to a well-functioning democracy.

[Daniel Zeichner (Cambridge) (Lab)]

It is a pleasure to serve under your chairmanship, Mr Streeter. We keep hearing about the chilling effect—it is well rehearsed—but could the Minister confirm that it could be entirely avoided if newspapers sign up to an appropriate regulator, which does not have to be IMPRESS? It is not a difficult thing to do.

[Margot James]

Currently, IMPRESS is the only regulator recognised under the royal charter. I cannot speak for the press. There was a heated debate when the legislation went through Parliament. The press decided as one not to join what they perceived as a state-backed regulator. IPSO now does the job, albeit the Financial Times and The Guardian alone among the broadsheets have not joined IPSO.

The media landscape has changed. As I noted earlier, high-quality journalism is under threat from the rise of clickbait and fake news, from difficulties in generating revenue online to replace the revenue that used to flow from printed sources, and from the dramatic, continued rise of largely unregulated social media. If implemented, section 40 could impose further financial burdens on publishers, particularly at local level—200 local papers have closed in the last decade.

On top of that, the amendments made in the other place undermine our Scotland and Northern Ireland devolution settlements—that point was ably made by the hon. Member for Argyll and Bute. The proposed new clauses seek to legislate on a UK-wide basis despite press regulation being a reserved matter for the devolved Administrations, which brings me to amendments 137, 138 and 139 in the name of the hon. Gentleman.

The Government are sympathetic to the hon. Gentleman’s arguments for reasons I have set out. We will nevertheless push instead for the removal of those clauses from the Bill in their entirety. Similarly, while we agree with the sentiment of amendment 137, which seeks to require the Government to obtain the Scottish Government’s consent before establishing an inquiry under clause 142, we note that there is already a consultation requirement to that effect in the Inquiries Act 2005. Such an amendment is therefore unnecessary.

To conclude, high-quality news provision is vital to our society and democracy. I know there is shared interest across the House in safeguarding its future, and the Government are passionate about and working to deliver it. We believe that the clauses would work against those aims and cut across the work we are doing to help strengthen the future of high-quality journalism, and will therefore oppose their continued inclusion in the Bill.

--- Later in debate ---

[Margot James]

The clause replicates section 55(a) of the 1998 Act, which gives the commissioner a power to serve a monetary penalty, requiring the data controller to pay the commissioner an amount determined by the commissioner. The maximum penalty is specified in clause 156. Before the commissioner can issue a penalty notice, she must be satisfied that a person has failed to comply with certain provisions of the GDPR or the Bill, or has failed to comply with an information notice, assessment notice or enforcement notice.

Clearly, it is up to the commissioner to decide whether a penalty notice is appropriate. She has stated:

“It’s about putting the…citizen first. We can’t lose sight of that…It’s true we’ll have the power to impose fines much bigger than the £500,000 limit the DPA allows us.”

[Daniel Zeichner]

For reasons that are entirely understandable, my constituents in Cambridge take a particularly close interest in some of the things that have been happening with Cambridge Analytica this week. They will be astonished that the Minister does not seem to be answering the question raised by my hon. Friend the Member for Sheffield, Heeley. Financial penalties, yes, but criminal proceedings surely should be uppermost when we have seen these dreadful things that have been going on.

[Margot James]

I was coming on to answer the hon. Member for Sheffield, Heeley, but as the hon. Member for Cambridge has raised her question again, I will jump to it. We are not removing all criminal powers under this new legislation. Under paragraph 2 of schedule 15, the commissioner may enforce assessment notices. That power includes the new offence of obstructing a warrant, which is a criminal offence, so criminal offences do remain. As I said, we are looking at the commissioner’s desire for stronger powers in certain areas, but under the current law there is a criminal sanction only for non-compliance with a notice, and that offence is not used. A civil penalty is a better way forward and is provided as the appropriate sanction by the GDPR itself.