Cambridge Analytica: Data Privacy

Liam Byrne Excerpts

Monday 19th March 2018 Commons Chamber

[Matt Hancock]

I start by paying tribute to the work of the Select Committee, as I have done from this Dispatch Box before. It is doing an incredibly important piece of work. Because of the sensitivities of this, in terms of its political nature and the impact on political campaigning, it is excellent that a cross-party group of MPs is leading work on this, and I pay tribute to Members on both sides of the House for their role in that. I remind them that they ultimately have the power of summons, if people are not giving them good enough answers.

I will ensure that we look into all the considerations my hon. Friend mentions. He raised a point about consent not just being given through a tick box, and this is directly addressed in the Data Protection Bill. Currently, because of the nature of the legislation—the 1998 Act is very old in digital terms—companies can get away with asking for a box to be ticked, even though many people do not read all the small print. The Data Protection Bill will replace the tick-box approach with a principles-based approach, which I think the whole House should support.

Finally, my hon. Friend asked about the powers of the Information Commissioner. He is absolutely right that we must, with the legislation before the House right now, ensure that we get the powers right so that the Information Commissioner can carry out an audit. Such a power is already in the Bill, but the question is whether there is a strong enough backstop for when people choose not to comply with an audit. At the moment, there is a very serious fine, but the question is whether the criminal penalties that can be imposed in some cases should be further strengthened. That detail is rightly being looked at in the discussions on the Data Protection Bill.

[Liam Byrne (Birmingham, Hodge Hill) (Lab)]

I too pay tribute to the Committee. I also pay tribute to The Guardian newspaper and Carole Cadwalladr for pursuing this with such utter relentlessness, despite the harassment that she has received. If true, these allegations provide an utter indictment of the permissive environment that this Government have created, which has allowed the data giants in this country to be both careless and carefree in their misuse of data. If they are true, 50 million data records have been misused in a way that means rights have been breached, but also in a way that could have affected the outcome of elections and referendums.

I am grateful to the Secretary of State for considering amendments to the Data Protection Bill. Will he confirm that he will bring forward amendments for stronger powers for the Information Commissioner? If he does so, we will back him on them. Will he also now accept our amendments to set a deadline for modernising the e-commerce directive, which treats such companies under laws that were invented before they were even born? Will he think again about making it possible, in the way that we have set out, to bring class actions where data rights are breached so that they are actually accessible to people, and will he support our amendments to require disclosure of funding for the dark social ads that we know can influence elections and, indeed, referendums?

The final point for the Secretary of State to consider is whether the directors of Cambridge Analytica can still be judged fit and proper people to hold directorships. Will he confirm not only that the Information Commissioner will investigate this breach, but that the full weight of Companies House and the Serious Fraud Office are behind it, so that if these people need to be struck off, they are struck off forthwith?

[Matt Hancock]

I add my praise for the Guardian journalists who have done the work published this weekend. I agree with the right hon. Gentleman on many of the issues he raises. It is best to proceed on this with the cross-party consensus that we have on many such areas. I am not sure about the argument that we have dragged our feet, given that this Government have brought forward the Data Protection Bill, and that this Government supported the general data protection regulation very strongly at European level. We are, indeed, already taking action to put right some of the things that need to be strengthened because of the development of technology.

The right hon. Gentleman asked about the e-commerce directive. With Brexit, we will of course be leaving the e-commerce directive, so it is not a question of updating it, but of what to put in its place. We will be leaving the digital single market, and we have an opportunity to make sure that we get that piece of legislation right for the modern age—supporting innovation, growth and the use of modern technology, but doing so in a way that commands the confidence of citizens.

The right hon. Gentleman asked about the directors of Cambridge Analytica. We will of course ensure that people are operating within the law. The question of whether they are fit and proper persons is for a different Department, but I am certainly very happy to talk about that to my ministerial colleagues.