The Internet and Privacy

Debate between Ian C. Lucas and Robert Halfon

Thursday 28th October 2010 Westminster Hall

[Ian Lucas]

That is helpful. We need to consider the position concerning regulation on the issue. I will come to that later in my remarks.

It might be helpful to refer back to the present position as far as I understand it. It is a complex area, so I might get some things wrong. The Data Protection Act 1998 established principles for the retention of personal data, and the Information Commissioner has had a role in supervising those principles generally. The Information Commissioner has been referred to several times. I certainly agree that he needs to push the boundaries of his powers in protecting the individual’s rights, and I do not think that that has happened sufficiently in the past.

In respect of private marketing, the Privacy and Electronic Communications (EC Directive) Regulations 2003 focused on the sending of unsolicited marketing messages by e-mail, and consultation on the further development of regulations in that area is taking place. The history of regulation is a consistent race between technological development and legislation. One example is the Data Retention (EC Directive) Regulations 2009, which included internet activity in the communications data to be retained for a year by communications providers. All those regulations should be viewed against the backcloth of the Human Rights Act 1998 and its attempt to balance privacy and freedom of speech. Recent developments in the common law on privacy add to the mix, making the legal position even more complex.

It has been said in this debate that in some respects, the United Kingdom has been slower to act on such issues. I believe that part of the reason is that the English legal system does not have the same common law right to privacy that many other countries do. For example, France and Germany have laws specifically to protect individuals from invasions of privacy. I think that most people are surprised by the limitations on enforcement of privacy rights within the UK. The tools that exist in common law are very limited.

We have a difficult balancing act when trying to take matters forward. I was the Minister for Business and Regulatory Reform before the general election and, although it may come as a surprise to some Members here, I always adopt the principle that one should regulate as a last resort, only in pursuit of a particular policy end and where other options are not available. My first reaction to proposals to reform the legislative or regulatory framework is to ask whether we can use some form of self-regulation. I think that we all accept that it is a difficult problem that we need to confront. Can we do so through self-regulation within the industry? Self-regulation would have some advantages. The problem is not, of course, confined to the United Kingdom.

[Robert Halfon]

I thank the hon. Gentleman for his thoughtful opening remarks. On the voluntary side of things, that is exactly what I argued. I suggested that we should have a code, in the same way that the British Medical Association has a code for doctors, lawyers have a code and so on. That should be the first course of action, rather than the immediate implementation of state action.

[Ian Lucas]

We should certainly consider that approach. However, I was going to conclude that I do not think that it will be sufficient; I think that some other Members have also taken that view. Self-regulation in media organisations has not had a happy time recently in the United Kingdom. The Press Complaints Commission comes immediately to mind; it has failed badly in the News of the World inquiry and case. I am suspicious of over-mighty international media organisations. What happened in that context—there was a regulator and a voluntary regulatory system—could certainly recur in the case of an organisation such as Google, for example, about which we have heard a lot in this debate. Google is a powerful, rich and monopolistic organisation. What happens in a self-regulatory system where the powerful, over-mighty subject ignores the regulator?