Data Protection and Digital Information Bill

Debate between John Whittingdale and John Penrose

Report stage
Wednesday 29th November 2023 Commons Chamber

[Sir John Whittingdale]

All I can say to the right hon. Gentleman is that the Government have made it clear that there is no intention to focus on claimants of the state pension. That is an undertaking that has been given. I am sure that Ministers from the DWP would be happy to give further evidence to the right hon. Gentleman, who may well wish to look at this further in his Committee.

Finally, I wish to touch on the framework around smart data, which is contained in part 3 of the Bill. The smart data powers will extend the Government’s ability to introduce smart data schemes, building on the success of open banking, which is the UK’s most developed data sharing scheme, with more than 7 million active users. The amendments will support the Government’s ability to meet their commitment, first, to provide open banking with a long-term regulatory framework, and, secondly, to establish an open data scheme for road fuel prices. It will also more generally strengthen the toolkit available to Government to deliver future smart data schemes.

The amendments ensure that the range of data and activities essential to smart data schemes are better captured and more accurately defined. That includes types of financial data and payment activities that are integral to open banking. The amendments, as I say, are complicated and technical and therefore I will not go into further detail.

[John Penrose (Weston-super-Mare) (Con)]

rose—

[Sir John Whittingdale]

I will give way to my hon. Friend as I know that he has taken a particular interest, and is very knowledgeable, in this area.

[John Penrose]

The Minister is very kind. I just wanted to pick up on his last point about smart data. He is right to say that the provisions are incredibly important and potentially extremely valuable to the economy. Can he just clarify a couple of points? I want to be clear on Government new clause 27 about interface bodies. Does that apply to the kinds of new data standards that will be required under smart data? If it does, can he please clarify how he will make sure that we do not end up with multiple different standards for each sector of our economy? It is absolutely in everybody’s interests that the standards are interoperable and, to the greatest possible extent, common between sectors so that they can talk to each other?

Oral Answers to Questions

Debate between John Whittingdale and John Penrose

Wednesday 14th June 2023 Commons Chamber

[John Penrose (Weston-super-Mare) (Con)]

T7. The data Bill’s smart data clauses give us a chance to duplicate Britain’s global lead in open banking in other sectors of the economy, too, but developers cannot start work until they know which sectors will be enabled and in what order. Will my right hon. Friend release an implementation timetable immediately, showing which industries will introduce what and when, to unlock the tidal wave of investment that is waiting to get started and so that we do not get leapfrogged by international rivals?

[The Minister for Data and Digital Infrastructure (Sir John Whittingdale)]

First, I pay tribute to my hon. Friend for the work he has done to promote the use of smart data across the economy. The Minister for Enterprise, Markets and Small Business, my hon. Friend the Member for Thirsk and Malton (Kevin Hollinrake) is working with Departments, regulators and industry to agree common principles for future smart data schemes in different sectors. Individual Departments will set out when and how they will use the powers, following appropriate consultation and impact assessments.

Data Protection and Digital Information (No. 2) Bill

Debate between John Whittingdale and John Penrose

2nd reading
Monday 17th April 2023 Commons Chamber

[Sir John Whittingdale (Maldon) (Con)]

I welcome the Bill. I am delighted that it finally takes advantage of one of the freedoms that has resulted from our leaving the European Union, which I supported at the time and continue to support. As has been indicated, the Bill has had a long gestation. I was the Minister at the time of the issue of the consultation paper in September 2021 and the Bill first appeared a year later. As the Opposition spokesman pointed out, a small hiccup delayed it a bit further.

Our current data protection laws originate almost entirely from the EU and are based on GDPR. Before the adoption of GDPR in 2016, the UK Government opposed parts of it. I recall that the assessment at the time was that, although there were benefits to larger companies, there would be substantial costs for smaller firms and indeed that has been borne out. There was a debate in government about whether we should oppose the GDPR regulation when it was going through the process of the Commission formation. As so often was the case in the EU, we were advised that, if we opposed that, we would lose vital leverage and our ability to influence its development. Whether we were able then to influence its development is arguable, but it was decided that we should not outright oppose it. However, it has always been clear that the one-size-fits-all GDPR that currently is in place imposes significant costs on smaller firms. When we had the consultation in 2021, smaller firms in particular complained about the complexity of GDPR, and the uncertainty and cost that it imposed. Clearly, there was seen to be an opportunity to streamline it—not to remove it, but to make it simpler and more understandable, and to reduce some of the burdens it imposes. We now have that opportunity to diverge.

The other thing that came back from the consultation—I agree with the Opposition Members who have raised this point—was that there is an advantage in the UK’s retaining data adequacy with the EU. It was not taken for granted that we would get data adequacy. A lengthy negotiation with the EU took place before a data adequacy agreement was reached. As part of that process, officials rightly looked at what alternative there would be, should we not be granted data adequacy. It became clear that there are ways around it. Standard contractual clauses and alternative transfer mechanisms would allow companies to continue to exchange data. It would be a little more complicated. They would need to write the clauses into contracts. For that reason, there was clearly a value in having a general data adequacy agreement, but one should not think that the loss of data adequacy would be a complete disaster because, as I say, there are ways around it.

The Government are right to look at additional adequacy agreements with countries outside the EU, because therein lies a great opportunity. The EU has managed to conclude some, but not that many, and the Government have rightly identified a number of target countries where we see benefits from achieving data adequacy agreements. It is perfectly possible for us to diverge to a limited extent from GDPR and still retain adequacy. Notably, the EU recognises New Zealand’s regime as being adequate, even though New Zealand’s data protection laws are different from those of the EU. The fact that we decided to appoint the former New Zealand Information Commissioner as our own Information Commissioner means that he brings a particular degree of knowledge about that, which will be very useful.

In considering data protection law, it is sometimes said that there is a conflict between privacy—the right of consumers to have protection of their data—and the innovation and growth opportunities of technology companies. I do not believe that that is true; the two things have to be integral parts of our data protection laws. If people believe that their privacy is at risk, they will not trust the exchange of data. One problem is that, in general, people read only about the problems that arise, particularly from things such as identity theft, hacks and the loss of data as a result of people leaving memory sticks on phones or of cyber-criminals hacking into large databases and taking all their financial information. All those things are a genuine risk, but they present only one side of the picture and, in general, people reach their view about the importance of data protection according to all the risk, without necessarily seeing the real benefits that come from the free exchange of data. That was perhaps the lesson that covid showed us more than any other: by allowing the exchange of data, it allowed us to develop and research vaccines. We were able to research what worked in terms of prevention and the various measures that could be taken to protect consumers from getting covid. Therefore, covid was the big demonstration of the fact that data exchange can bring real benefits to all consumers. We are just on the threshold—

[John Penrose]

Further to my right hon. Friend’s point about facilitating a trusted mechanism for sharing data, does he agree that the huge global success of open banking in this country has demonstrated that a trust framework not only makes people much more willing to exchange their data but frees up the economy and creates a world-leading sector at the same time?

[Sir John Whittingdale]

I agree with my hon. Friend on that. The use of smart data in open banking demonstrates the benefits that can flow from its use, and that example could be replicated in a large number of other sectors to similar benefit. I hope that that will be one benefit that will eventually flow from the changes we are making.

As I say, we are on the threshold of an incredibly exciting time. The use of artificial intelligence and automated decision making will bring real consumer benefits, although, of course, safeguards must be built in. The question of algorithmic bias was looked at by the Centre for Data Ethics and Innovation and there was evidence there. Obviously, we need to take account of that and build in protections against it, but, in general, the opportunities that can flow from making data more easily available are enormous.

I wish to flag up a couple of things. People have long found pop-up banner cookies deeply irritating. They have become self-defeating, because they are so ubiquitous that everybody just presses “yes”. The whole point of them was to acquire informed consent, but that is undermined if everybody is confronted by these things every time they log on to the internet and they automatically press “yes” without properly reading what they are consenting to. Restricting them to cookies that represent intrusive acquisition of data and explaining that to people and requiring consent is clearly an improvement. That will not only make data exchange easier but increase consumer protection, as people will know that they are being asked to give consent because they may choose not to allow their data to be used.

I understand the concerns that have been expressed about the Bill in some areas, particularly about the powers that will be given to the Secretary of State, but this is a complicated area. It is also one where technology is moving very fast. We need flexible legislation to keep up to date with the development of technology, so, to some extent, secondary legislation is probably the right way forward. We will debate these matters in Committee, but, generally, the Bill will help to deliver the Government’s declared intention, which is to make the UK the most successful data-driven technology economy in the world.

Digital Economy Bill

Debate between John Whittingdale and John Penrose

3rd reading: House of Commons & Legislative Grand Committee: House of Commons & Programme motion No. 3: House of Commons & Report stage: House of Commons
Monday 28th November 2016 Commons Chamber

[John Penrose (Weston-super-Mare) (Con)]

My right hon. Friend mentioned earlier that there are possible industry-based solutions. I am reminded of the way the Government handled the 2012 Olympics, when it was not possible to get tickets without providing photo ID, and it was an end-user sale in the first place, which effectively meant the bots could not buy large numbers of tickets in the way he has just described for the V Festival, or indeed for a Paul Simon concert. Does he believe that the solution therefore lies with the sporting and entertainment industries, and that they could have done this several years ago, and it is peculiar that they have elected to come to this place asking for a legislation-based solution when there is a software answer out there right now?

[Mr Whittingdale]

I have a lot of sympathy with my hon. Friend on that. I was fortunate enough to attend one of the greatest concerts of all time—the Led Zeppelin reunion at the O2—where exactly that system was introduced. People had to produce the credit card used to purchase the ticket in order to get the ticket; they did not get the ticket until they arrived at the venue. There are ways around this problem, but that imposes quite a considerable additional burden on the ticket purchaser, either to supply a photograph or to take a credit card. Of course, it does not then assist when there is a legitimate reason why somebody might want to transfer their ticket to another person because for some reason they are not able to attend. We do not want to stop the secondary market working in a way that is wholly legitimate, which is the case in such circumstances.

Oral Answers to Questions

Debate between John Whittingdale and John Penrose

Thursday 3rd November 2011 Commons Chamber

[John Penrose]

The right hon. Gentleman will be aware that a private Member’s Bill on that issue is going through Parliament. He will also be aware that my right hon. Friend the Prime Minister has said that the Government do not want to move forward on this without the consent of people from the whole of Britain. That means that the people of Scotland, for example, must be comfortable with the move before we take it forward.

[Mr John Whittingdale (Maldon) (Con)]

I congratulate the Government on the boost to tourism that will be achieved with the extra money from the regional growth fund. I also commend the Secretary of State for the amount of time that he is devoting to taking an around-Britain tour to promote tourism. Does the Minister agree that it is not just his Department that needs to prioritise tourism? It is essential that Departments such as the Department for Transport and the Home Office, in relation to visa policy, also recognise the importance of tourism to our economy.

[John Penrose]

I could not agree more. This is quintessentially a cross-departmental role that we have to fulfil. The Government’s tourism policy, published in March this year, deliberately included input from all those Departments to ensure that we were all speaking with one voice.

Oral Answers to Questions

Debate between John Whittingdale and John Penrose

Monday 29th November 2010 Commons Chamber

[John Penrose]

I would be delighted to spend my holiday in Eastbourne were it not for the fact that I represent Weston-super-Mare, which I hope the hon. Gentleman will accept is an equally wonderful seaside resort. I do, however, join him in congratulating the welcomers in Eastbourne and other parts of the visitor economy, because the welcome accorded to visitors is a tremendously important part of the value that any tourist perceives when they visit any part of the UK.

[Mr John Whittingdale (Maldon) (Con)]

Does the Minister accept that there is now a lot of evidence to suggest that tourism in Eastbourne and in other parts of the country would receive a substantial boost if we moved to daylight saving? Will he therefore consider giving whatever fair wind he can to the Daylight Saving Bill promoted by my hon. Friend the Member for Castle Point (Rebecca Harris), which is to be debated in this House on Friday?

[John Penrose]

I am on the record from previous oral questions as saying that the potential benefits to the tourism industry are extremely well documented and are widely held to be substantial. I am sure that my hon. Friend will also accept that there are other factors to consider, notably the concerns of many people in northern Scotland and Northern Ireland about the effect on other parts of the economy. Therefore, we want to try to ensure that we are not leaving any part of the UK behind or imposing a decision without consent. I suspect that, with any luck, that will be part of the debate on Friday.

Oral Answers to Questions

Debate between John Whittingdale and John Penrose

Monday 21st June 2010 Commons Chamber

[John Penrose]

The hon. Gentleman has made the point during questions before—and very accurately—that it depends not on the number of people playing but on the volume to which the amplification machinery is cranked up. He is absolutely right. One of the crucial points that needs to be examined is whether there is a noise-nuisance solution as opposed to a solution to do with the number of performers, and that is one of the options that we will be looking at going forward.

[Mr John Whittingdale (Maldon) (Con)]

Is my hon. Friend aware that the unanimous recommendation of the Select Committee—that there should be an exemption for smaller venues of a capacity below 200—was supported by the previous Government, who were intending to introduce a regulatory order to provide an exemption for venues of a capacity below 150, and that there was widespread disappointment that that was not done? Will he confirm that he sees no need for any further consultation and that he will move to introduce the necessary order as soon as possible?

[John Penrose]

My concern is that my hon. Friend’s proposal goes for a particular solution when there might be a broader and potentially more radical solution that should also be considered. If we go for other alternatives, we will need to consult on them, but if we decide to go down the route of ideas that have already been thoroughly canvassed, I would obviously want to move as fast as possible and reduce the level of consultation to the bare legal minimum.