Data Protection Bill [HL]

Lord Griffiths of Burry Port Excerpts

Committee: 3rd sitting (Hansard - continued): House of Lords
Monday 13th November 2017 Lords Chamber

[Lord Griffiths of Burry Port (Lab)]

My Lords, we have amendments in this group. Amendment 79A concerns exemptions from GDPR and adaptations and restrictions based on various articles. As we begin to tighten up our understanding and clarify the range of application of these exemptions as the Bill goes through this House, we have talked to Liberty about the rights of individuals under this part of the Bill. Amendment 79A seeks to remove the exemption from data subjects’ right to restrict the processing of their data—for example, in cases where data accuracy is contested, the processing is unlawful or the data is required for the exercise of a legal claim in relation to a variety of broad purposes including the prevention and detection of crime, tax purposes, risk assessment systems, including in the administering of housing benefit, and the maintenance of effective immigration control.

Amendment 79B is a similar and parallel amendment to remove the exemption from data subjects’ right to object to data processing where there is an absence of compelling legitimate grounds, again in relation to the same range of activities and purposes. Amendment 83B is a probing amendment by which we seek to delete a paragraph which outlines where the GDPR does not apply to personal data processed for the purposes of functions designed to protect the public. Instanced against this are, for example,

“financial loss due to dishonesty … financial loss due to the conduct of discharged or undischarged bankrupts”,

and so on.

A set of amendments then come under Part 3 of this schedule on the protection of the rights of others. Amendment 86A deletes conditions under which a controller can determine whether it is reasonable to disclose information without consent. Amendment 86B probes provisions which state that information can be disclosed without consent where,

“the health data test is met … the social work data test is met, or … the education data test”.

When we get into some of these it seems, frankly, that they are rather loosely drafted and not immediately clear. Perhaps we could work harder to bring these things to a pitch where they are common sense and clear to normally intelligent people—although after the presentation from the noble Lord, Lord Pannick, I do not reach that bar; I am doing my best. Amendment 86C deletes the paragraph which outlines conditions by which the GDPR does not apply,

“to personal data processed for the purposes of or in connection with a corporate finance service provided by a relevant person”.

Even reading the wording of an amendment which we have put some thought into is complicated, and these amendments refer to clauses in the Bill that are even more complicated. Since these affect the rights of individuals, the law should be written with some clarity and lucidity to make it more accessible.

Amendment 86D deletes a paragraph which states that the GDPR provisions do not apply where data is processed for,

“management forecasting or management planning in relation to a business or other activity”.

I have to spit the word “data” out of my mouth when it is used with a singular verb. All my education taught me that it should not be.

Data Protection Bill [HL]

Lord Griffiths of Burry Port Excerpts

Committee: 5th sitting (Hansard): House of Lords
Monday 20th November 2017 Lords Chamber

[Lord Griffiths of Burry Port (Lab)]

My Lords, it is an extraordinary list of amendments that address things in great detail; they are all about tidying up and working things out as we go along. Since that is what we try to do as often as we can, it is nice to see the effort that has been made and hours that have been spent. Much of it is logical and needs no further discussion, but we have in respect of amendments in the range of Amendment 171, and so on, a bit of a worry about the notion that personal data is processed for special purposes—journalism, academic, artistic or literary purposes—and that there are exemptions in place so that the commissioner must first determine whether processing is for a special purpose before taking further enforcement action.

We have always understood that the provisions at this point are only asking in this Bill to replicate the conditions obtaining in such cases in the 1998 legislation. This particular detail makes it seem as if that might not be the case, because we have submissions from various people in the media to suggest that, while they understand the regulations, to step in before the material is put together to make this determination feels a bit threatening. Can the Minister guarantee that the provisions in this Bill are identical with those in the 1998 Act?

There is not an adequate mention, again, according to people in the field, of the relation of photography and photojournalism to written journalism. Could that be thought about, too? If everything is the same, we have no further questions but, if not, could the Minister tell us exactly what the differences are and whether she can write to us so that we may know what they are?

[Baroness Chisholm of Owlpen]

As the noble Lord said, this particular group of amendments is where personal data is processed for special purposes for journalism, academic, artistic or literary purposes. There are certain exemptions in place, so the commissioner must first determine whether processing is for special purposes before taking further enforcement action. A special purposes determination can be appealed to a court, not a tribunal; these amendments correct the Bill as only a court, not tribunals, are relevant. They also make technical corrections to ensure compatibility with Scots law. The definition of special purposes proceedings is also widened slightly so that special purposes can be asserted in a wider range of situations.

I think that I have inspiration coming from my right hand side. The noble Lord mentioned photojournalism, which is included in the data—I think that that is what he meant.

[Lord Griffiths of Burry Port]

I sympathise with the Minister, who sought inspiration from behind, because it is what I do all the time. Those who have expressed anxiety to us are worried that pressure will be put on them as programme makers and investigative journalists prior to publication and issuing their material in edited form, whereas currently they are subject to the regulation once that material has been put together. That is the area where anxieties have been expressed, and we need some reassurance on that point.

[Baroness Chisholm of Owlpen]

The best thing that I can do is to have a look and get back to the noble Lord on those points, if that is okay.

Data Protection Bill [HL]

Lord Griffiths of Burry Port Excerpts

Committee: 6th sitting (Hansard): House of Lords
Wednesday 22nd November 2017 Lords Chamber

[Lord Lucas (Con)]

My Lords, I entirely support my noble friend’s amendment. We have got ourselves into a complete mess in this country on insurance, and motor insurance is a pretty good example. Premiums in this country are about double what they should be. They are the highest in Europe, above even Italy, because of a level of fraud that we encourage by our legislation and by the lack of action from successive Governments to do anything about it. We can see the size of the problem that this clause will generate, if unamended, by what has happened in motor insurance. It leaves an open door to an enormous number of claims management companies, of which 500 or so were seriously active the last time I looked. It is a really big, profitable industry, and it will push into a hole like this with no difficulty at all.

We took a bit of action a while ago on whiplash injuries. Fine, whiplash injuries are down, but rocketing upwards now is, “Oh, I had this crash and now I get a buzzing in my ears”. It is wonderful—a disease which has suddenly appeared from nowhere because the claims management companies need an opportunity to push in here. We must realise what is happening. I hope we will get around to dealing with the general problem at some stage, but to open another door to these people is just foolish.

[Lord Griffiths of Burry Port (Lab)]

My Lords, I thank the noble Lord for his eloquent disquisition, which made me much more aware of the issues than I was before. I have no problem in aligning myself with the two points of view that have just been expressed. I had come to the conclusion partly myself, but to be told that the wording is not in the equivalent article in the European GDPR just adds to my simple conclusion that the words “other adverse effects” add precisely nothing but open a potential cave of dark possibilities. The rain of the noble Lord’s eloquence has found a crack in my roof, and I am very happy to align myself with his remarks.

[Baroness Neville-Rolfe (Con)]

I also share the concerns expressed by my noble friend Lord Hunt, based on my experience, both in government and in a number of different businesses. We have the experience not only of the motor sector, which has been talked about, but obviously of PPI, where there was compensation that needed to be paid, but the whole business took years and generated not only claims management companies but also nuisance calls and lots of other harms. This is an area that one has to be very careful about, and I support looking at the drafting carefully to see what can be done, and at my noble friend’s idea of trying to estimate the economic impact—the costs—in terms of those affected. That would help one to come to a sensible conclusion on what is appropriate in this important Bill.