Data Protection and Digital Information Bill

Lord Allan of Hallam Excerpts

Committee stage
Wednesday 24th April 2024 Grand Committee

Secondly, the tech companies have made clear that they follow our proceedings with interest. Across the world, they have gone to court to prevent legislation passing, undermine regulation and frustrate penalties. However, it was in an open court, at the inquest of Molly Russell, that the world saw just how cynical and wilfully careless the sector is. Via her Instagram account, Molly Russell viewed, liked and shared 2,100 pieces of content relating to depression, suicide or self-harm in a period of only six months. It was also in open court that the Chief Coroner came to the view that the material recommended to Molly contributed to her death in more than a minimal way. Of course, both I and the Bereaved Families for Online Safety hope that the provisions in the broader Online Safety Act will make meaningful change to children’s online experience but, when the worst happens, we will, because of this provision, see again in open court the part that any regulated company plays in the death of a child. It is my hope that, as well as giving some succour to the families at the very worst moment of their lives, the court’s access to data will also make companies pause to think about the impact of their service design on children before they roll out products, and that they act more swiftly when the alarm is raised. Tech is 100% engineered and can be anything at once. Until the sector stops seeing harms to children as unfortunate collateral damage to their business model, they and we will have failed.

[Lord Allan of Hallam (LD)]

My Lords, I want briefly to contribute to this debate, which I think is somewhat less contentious than the previous group of amendments. As somebody, again, who was working on the Online Safety Act all the way through, I really just pay tribute to the tenacity of the noble Baroness, Lady Kidron, for pursuing this detail—it is a really important detail. We otherwise risk, having passed the legislation, ending up in scenarios where everyone would know that it was correct for the data-gathering powers to be implemented but, just because of the wording of the law, they would not kick in when it was necessary. I therefore really want to thank the noble Baroness, Lady Kidron, for being persistent with it, and I congratulate the Government on recognising that, when there is an irresistible force, it is better to be a movable object than an immovable one.

I credit the noble Viscount the Minister for tabling these amendments today. As I say, I think that this is something that can pass more quickly because there is broad agreement around the Committee that this is necessary. It will not take away the pain of families who are in those circumstances, but it will certainly help coroners get to the truth when a tragic incident has occurred, whatever the nature of that tragic incident.

[Lord Clement-Jones (LD)]

My Lords, having been involved in and seen the campaigning of the bereaved families and the noble Baroness, Lady Kidron, in particular in the Joint Committee on the Draft Online Safety Bill onwards, I associate myself entirely with the noble Baroness’s statement and with my noble friend Lord Allan’s remarks.