Data Protection and Digital Information Bill

Debate between Lord Lucas and Lord Harlech

Committee stage
Monday 22nd April 2024 Grand Committee

[Lord Harlech (Con)]

I take the noble Lord’s point. We are working with industry and will continue to do so. For the benefit of the Committee, we are, as I said, happy to write and explain the points of view, including those from Data: A New Direction. In response to the noble Lord, Lord Bassam, power ultimately lies with Parliament via the affirmative resolution procedure for the Secretary of State power.

I will go back to the amendments we were discussing. This regulation applies to complex and technical markets. The very reason we have taken a delegated power is so that the new exemptions can be carefully created in consultation with all affected stakeholders. As I explained, the Bill includes a requirement to consult the Information Commissioner, the Competition and Markets Authority and any other relevant stakeholders, which would include trade associations and consumers or web users.

Amendment 201 would widen the application of the “strictly necessary” exemption. Currently, it applies only to those purposes essential to provide the service requested by the user. Amendment 201 would extend this exemption so that it applies to the purposes considered essential to the website owner. We do not think this would be desirable, as it would reduce a user’s control over their privacy in a way that they might not expect.

For the reasons I have set out—and once again reaffirming the commitment to write to noble Lords on how the weighting was worked out—I hope my noble friend and the noble Baroness will not press their amendments.

[Lord Lucas (Con)]

Might I also hope for the meeting that I referred to?

[Lord Harlech (Con)]

My Lords, my noble friend makes a good point. I can promise all Members that there will be thematic meetings between Committee and Report.

[Lord Lucas (Con)]

My Lords, I am grateful for that assurance from my noble friend.

On the first amendments, clearly, we are dealing with something that is quite tricky and technical. My noble friend sees these amendments in a different light to me. It is possible that my drafting may be imperfect; that has never happened before, of course, but there is always a first time. Therefore, I seek an opportunity to look at this issue in detail. It is absolutely not my objective to engage the objections; this is something where my noble friend’s objections are valid. My amendment is not intended in any way to allow tracking or profiling. If I am wording things imperfectly or imagining something that just cannot be achieved in practice, the best way to deal with these matters would be to hammer them out in a technical discussion, not in Committee. I would happily look to an opportunity to do that between Committee and Report.

When it comes to new Regulation 6B and its ramifications, as the debate has gone on, I have found myself favouring more and more the amendment in the name of the noble Baroness, Lady Jones of Whitchurch. This is an uncontrolled bit of power that we are looking to give the Government, with some serious implications. It should not be done. We should wait until the technology is available and then do something when we can really take our time to look at the options. Again, this is something that we will have a chance to talk through.

It is really important that, in doing what seems to be convenient—as my noble friend put it, it is about getting rid of an irritation and making the whole process of giving permission much more effective; I am absolutely with him on that—we make sure that we are not letting ourselves in for some greater dangers. I personally want to make sure of that. The oldies among us—most of us, I suspect—will remember when Google said, “Don’t be evil”. I wish that it had kept to that.

For now, I beg leave to withdraw my amendment.