The Internet and Privacy

Lord Beith Excerpts

Thursday 28th October 2010 Westminster Hall

[Dr Huppert]

“Excessive twittering may be bad for your future”—the problem would be fitting something into 140 characters. We can run out of space quickly. We need to have some way of educating people on the subject. That involves education in schools and, I am sure, the involvement of websites.

However, I am concerned about the idea of imposing draconian regulations on internet use. There is a balance. We know that it is hard to have regulations, with too many strict controls on what happens and what is done. I was recently with at least one other hon. Member in the Chamber on a trip to China, where we had some interesting discussions about the Chinese efforts to control what can and cannot be done on the internet. I am sure that we do not want to go down similar routes.

As the hon. Member for Harlow has already made clear, we cannot ignore those problems—they are affecting people and are doing so now. However, he did not mention a number of things. For example, the Firefox extension called Firesheep enables users to log into other people’s social networking accounts—I have not used it myself, I hasten to add.

As I mentioned in my intervention, the Government have a critical role. I am even more concerned about the Government’s ability to do such things. While we can argue about which is worse, there is no doubt that the Government should be seen to be leading the way in respecting citizens’ rights.

I was delighted to see in the coalition agreement the commitments to “roll back state intrusion” and “restore our civil liberties”. I suspect that many, if not all, of those in the Chamber today would agree. [Hon. Members: “There are no Labour MPs here.”] There is a Labour MP here—I am sure that he would support the coalition agreement on at least that point.

The welcome words in the agreement have to be matched by actions in Government. There are issues on which we have not done enough to reverse what happened under the previous Government and, in some cases, there is a risk that we will be worse.

The last Government had an extraordinary predilection for hugely costly and intrusive IT projects and policies—I was delighted to serve with the hon. Member for Harlow on the Identity Documents Bill Committee and I was pleased to hear that the only one of the cuts that the right hon. Member for Doncaster North (Edward Miliband) said in an interview that he agreed with was getting rid of identity documents. I am delighted that the Labour party has finally come along to that sensible position.

I turn to a couple of things being driven by the Government that I believe interfere with privacy. The first is the Digital Economy Act 2010. I could talk for the remainder of this debate about some of the controversial aspects of the legislation, but I shall not detain the House as I assume that everyone is aware of the debate and the many issues raised. However, I draw attention to a case that was reported in July this year, after the Act was passed.

A woman received a letter from her internet service provider accusing her of downloading homosexual pornography illegally. That eventually resulted in her discovering that her son was gay. That is not the way that privacy should be broken; we can expect to see many more such cases if provisions of the Act are not substantially altered—or, as I would like to see, abolished. BT and TalkTalk attempted to secure a judicial review, which reveals that even industry heavyweights understand the problems caused by some aspects of the 2010 Act. If the offensive parts of the Act are not repealed, it is essential that they are significantly modified, by legislation or through the Ofcom code, so that ordinary criminal or civil procedures can be used; we already have procedures for dealing with theft.

I hope that the Government will avoid the general trend towards administrative systems laden with Executive involvement. What is the Minister’s current thinking on the 2010 Act? Will the Freedom Bill be able to stand for freedom in this area as well as in others? Will he confirm that the Government will not adopt a position in which internet users will be guilty until proven innocent, as the Act effectively demands?

I could speak about summary care records and the fact that the Government have failed to deliver what I believe was an important promise, and I can give examples of the consequences. Instead, I shall speak about the reported revival of the intercept modernisation programme, although I am sure that it will not be known by that name.

I remind the House that the IMP was an ambitious £2 billion project that would have forced ISPs to log clients’ internet and e-mail activity for at least 12 months. That, I believe, is a great infringement of privacy. Indeed, the coalition agreement explicitly stated that

“we will end the storage of Internet and email records without good reason”.

There is no doubt that we face threats from cyber-terrorism. Malicious breaches of security could cost the Government, businesses and individuals dearly in all sorts of ways. However, that does not give the Government the excuse to use a sledgehammer to crack a nut.

[Sir Alan Beith (Berwick-upon-Tweed) (LD)]

The significance of internet records in dealing with cyber-terrorism and other forms of terrorism requires some attention by the Government. That might be better achieved by service providers having to keep material for a set period rather than creating a vast Government warehouse of such material, or merely relying on how long it is convenient for the companies to keep it to suit their billing records.

[Dr Huppert]

Indeed. There are a number of ways to deal with genuine cyber-terror risks. Labour’s proposals certainly were excessive; it took a draconian and over-zealous approach.

I raised the matter yesterday in Prime Minister’s questions. I asked exactly what was happening about the intercept modernisation programme. He assured me that the Government were not planning a centralised database. I suggest that right hon. and hon. Members read exactly what he said. I am trying to give the Prime Minister and the Government the benefit of the doubt, but I am concerned about the careful choice of words. Does it have to be a centralised database to cause problems? Does it have to be a Government database to cause concern?

The original problem was that ISPs were storing the data. Hoping that the Prime Minister was being less than entirely clear, I asked some follow-up questions to establish what is being proposed, given the wording of the strategic defence and security review. The Government have to be better, and they can start by ruling out for good such a costly, over-broad and heavily intrusive approach. A minimal standard for data retention has to be the goal.

I understand that the Home Office is considering that data retention by ISPs should be based on an EU directive. If so, extremely stringent safeguards must be put in place. What discussions has the Minister had with the Home Office on the matter? Will he assure the House that Government intrusion into the privacy of individual internet users would happen only in the event of a serious threat to national security, that it would be regulated by the strictest possible safeguards, and that it would be subject to primary legislation so that Members of Parliament could consider what was proposed?