Data (Use and Access) Bill [HL] Debate
Full Debate: Read Full DebateLord Sentamu
Main Page: Lord Sentamu (Crossbench - Life peer)Department Debates - View all Lord Sentamu's debates with the Department for Science, Innovation & Technology
(1 month ago)
Lords ChamberMy Lords, it is almost impossible to better the arguments put forward by the noble Viscount, Lord Colville, and the noble Baroness, Lady Kidron, so I am not even going to try.
The inclusion of a public interest requirement would ensure that the use of data for scientific research would serve a genuine societal benefit, rather than primarily benefiting private interests. This would help safeguard against the misuse of data for purely commercial purposes under the guise of research. The debate in Committee highlighted the need for further clarity and stronger safeguards in the Bill, to ensure that data for scientific research genuinely serves the public interest, particularly concerning the sensitive data of children. The call for a public interest requirement reflects the desire to ensure a balance between promoting research and innovation and upholding the rights and interests of data subjects. I very much hope that the House will support this amendment.
My Lords, we are playing a bit of Jack-in-the-box. When I was being taught law by a wonderful person from Gray’s Inn, who was responsible for drafting the constitution of Uganda’s independence, Sir Dingle Foot, he said a phrase which struck me, and which has always stayed with me: law is a statement of public policy. The noble Viscount, Lord Coville, seeks that if there is to be scientific work, it must be conducted “in the public interest”. Law simply does not express itself for itself; it does it for the public, as a public policy. It would be a wonderful phrase to include, and I hope the Minister will accept it so that we do not have to vote on it.
My Lords, the regulator quite clearly needs a standard against which to judge. Public interest is the established one in FOI, medicine and elsewhere. It is the standard that is used when I apply for data under the national pupil database—and quite right too. It works well, it is flexible, it is well understood and it is a decent test to meet. We really ought to insist on it today.
Data (Use and Access) Bill [HL] Debate
Full Debate: Read Full DebateLord Sentamu
Main Page: Lord Sentamu (Crossbench - Life peer)Department Debates - View all Lord Sentamu's debates with the Ministry of Justice
(2 weeks, 6 days ago)
Lords ChamberMy Lords, I have a couple of quick things to say. First, there is no reason not to put this into the Bill here; it can be amended in the Commons quite happily. Secondly, without solicitation in the Bill, there is a massive loophole. One can work out exactly how to get round the whole thing by just inserting someone soliciting in the middle. The other thing is that this can happen to men and could be used for blackmail, so this could be used against that, which is very dangerous. We need imprisonment in the Bill, because if someone makes enough money out of whatever it is that they put out there, a fine is nugatory and they will not worry about it. We need to have imprisonment as well.
My Lords, I endorse every word that the noble Lord, Lord Pannick, and the noble Baroness, Lady Owen, have said.
I congratulate the noble Lord, Lord Vallance, from the Government, on bringing forward his amendment, which also incorporates the noble Baroness, Lady Kidron. The noble Baroness stood up and could not be deterred— I am glad that this has been a good result.
Noble Lords might want to know why the Government have put forward this amendment. A notification from the BBC came to my mobile at 1 pm. It had to do with Naga Munchetty, who says:
“Scammers spread fake nude pictures of me on social media”.
The scammers have written an article—which is absolutely false—saying, for example, that the Government have ordered Naga Munchetty to be detained, and it includes a lot of nude pictures. Given what the Government and the noble Lord, Lord Vallance, have done, that lady will feel that we are moving forward.
Finally, I say that soliciting must be in the Bill; reasonable doubt, or whatever other view, must be out; and imprisonment must be in the Bill.
In speaking to this group of amendments, I am mindful of the admonition from my noble friend the Chief Whip to respect the rules of the House, and I look at the advice that we are given on today’s agenda about how to conduct oneself in these circumstances, so I have no intention of repeating what the noble Baroness, Lady Owen, and indeed the noble Lord, Lord Pannick, have said, because I agree with every single word of it—and I agree with all the endorsements of the arguments that they have put forward. However, I want to make a contribution to this debate about the purpose of all this and what the issue is.