Draft Research Code of Practice and Draft Accreditation Criteria Draft Statistics Statement of Principles and Draft Code of Practice on Changes to Data Systems

Mike Gapes Excerpts

Thursday 28th June 2018 General Committees

[Mike Gapes (Ilford South) (Lab/Co-op)]

I am pleased that the Whips put me on this statutory instrument Committee because it gives me an opportunity to ask important questions that need to be answered.

Given the scandal over Cambridge Analytica, the appalling behaviour of Facebook and the way in which data and information, including information of this House of Commons, was stolen and then sold to The Daily Telegraph a few years ago, how confident can we be about the processes here and the transferring of data and personal information? The draft research code of practice for accreditation criteria states that that information will go to various organisations that will be allowed to process and use it. Many of those organisations will get commercial benefit from that. Will the state receive any income as a result of the commercial exploitation of personal data, which was not acquired for the benefit of a commercial company but was acquired for fulfilling a function within our health or education system or for the general governance of our society? Why should private companies benefit without the individuals themselves who presumably own that data or the Government Departments that collected that data being beneficiaries of that income?

[Liam Byrne]

My hon. Friend might know that our noble Friend Lord Parry introduced proposals to amend the Data Protection Bill to ensure that the wealth that may arise from the investigation of health records, for example, was held in a sovereign data fund. These ideas of sovereign data funds will catch on over the next few years, but at the moment we do not have any provisions to capture what is socially produced wealth—data—and to recycle that wealth for the good of the nation.

[Mike Gapes]

I am grateful for that information. I was not aware of that, but it adds to my knowledge.

Principle 7 on retention and onward disclosure states that the pre-processed data will be retained “for a limited time”, but that can then be extended. It is not clear how often it can be extended or whether there could be indefinite extensions. I want to know whether at those extension points a premium would be charged to the organisations that retained that data in order to continue to use it for years to come.

The various documentation is copious and I do not intend to delay the Committee unnecessarily, but I have one other question on the statistics statement of principles. Many organisations collect data. Every time I go into Sainsbury’s or Tesco and pay with my card, they seem to have collected information about what I have bought. When they send me their points, they send me vouchers to buy the things I normally buy to encourage me to go back to their store with that data. No doubt the data is very interesting and useful, but it could be very useful to the Government.

If bodies and institutions that are part of the Government—public sector organisations—must make data available to the UK Statistics Authority, why should there not be an obligation on private sector organisations, commercial companies and retailers to make data available? That would be very interesting. For example, if the Department of Health and Social Care could analyse the consumption patterns of a cohort of people by age and location, we might be able better to target our anti-obesity initiatives for healthy eating. We could make a judgment about the size of packets or whether orders of a product would be useful for the data within the Department of Health and Social Care.

I am not clear whether such obligations will apply to the private sector. From reading the codes superficially, it seems that they will not. I would be grateful to know whether there is a plan to think about that. We want joined-up government. Private sector organisations are able to exploit public data, but surely the public should be able to make use of it for the benefit of citizens as a whole and for the public good. Data will increasingly be a public good. Whether it is held by the Government or by private companies or individuals, it could be important in improving health, extending life expectancy and giving people better life chances. It should be made available in a timely manner, as my right hon. Friend the Member for Birmingham, Hodge Hill pointed out, to the Government when they are making decisions. I hope the Minister will address those points.

[Margot James]

I thank the right hon. Member for Birmingham, Hodge Hill and the hon. Member for Ilford South for their questions and comments.

The hon. Member for Ilford South expressed concerns about the use of publicly acquired data by private organisations for commercial gain. He rightly pointed out that much of the data collected, particularly in the national health service, was not collected with the intention of realising commercial gain. I assure him that, under these codes, only statisticians and accredited researchers whose projects are intended for the public good will have access to information held by the UK Statistics Authority. Individuals, households and businesses are never identifiable in any of the statistical output. That is a fundamental principle of international statistics management and we intend to adhere to it strictly, as we always have. I further assure him that, under the Data Protection Act 2018, there are significant penalties for anyone or any organisation that seeks to re-identify data that has previously been de-identified.

There are no plans to compel private organisations and companies to make public data that they have collected about the consumer behaviour that the hon. Gentleman cited as an example. There are protections in place because those organisations must comply with data protection legislation in the processing, collection and management of data. I hope that reassures him.

[Mike Gapes]

I asked whether there would be commercial gain from the use of this data, and if so whether we would expect the public sector to benefit from the commercial companies that use data generated by public bodies.

[Margot James]

The hon. Gentleman asks me to look to the future more that I am able to do. To reiterate what I said, all data that emanates from publicly funded research must be used for the benefit of the public good. That may in time also produce a commercial return, but it would have to be for the public good.

In the deal between DeepMind, a private sector company, and Moorfields Eye hospital, a national health organisation—they have come together in a joint venture—the data is being used with AI to improve diagnosis and treatment patterns at the hospital. The connection between commercial gain and the public interest is being well managed in that example, and strict rules will be in place to ensure that any further such commercial endeavours using public data will be similarly managed under an ethical framework.

That leads me neatly to the remarks and questions of the shadow Minister, the right hon. Member for Birmingham, Hodge Hill. I share his optimism that real-time data will hugely benefit public decision making and I am sorry if I downplayed that significant advantage in my opening remarks. I certainly believe that that will be immensely valuable, and that it is underpinned by the codes of practice we are discussing.

We are in the process of establishing the Centre for Data Ethics and Innovation. A chair has been appointed, other board members will be appointed during the summer and its remit is available for public comment. In its embryonic form, it is working with the UK Statistics Authority to ensure seamless communication between the two bodies in future. I agree with the shadow Minister that that is important.

The shadow Minister talked about the ethical principles that must continue to underpin the use of data sourced in the way that the UK Statistics Authority manages. The use of data must have clear benefits to the users and serve the public good. Where individuals are concerned, identity is protected. Information must be kept confidential and secure, and consent will have been considered appropriately. Data used, and methods employed, are consistent with legal requirements such as the Data Protection Act, the Human Rights Act 1998, the Statistics and Registration Service Act and the common law duty of confidence. The access, use and sharing of data must be transparent and communicated clearly, and accessibility for the general public must be protected.