Draft Data Protection, Privacy and Electronic Communications (Amendments Etc.) (EU Exit) Regulations 2019
Debate between Philippa Whitford and Margot James(5 years, 10 months ago)
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Margot James
I thank hon. Members for their questions and comments. I will do my best to respond to them. I agree with the shadow Minister that the draft regulations are a wise precaution. He rightly mentioned that three quarters of our country’s international data flows are with other European Union member states. That is of course even more than the average for exports of other things, notably manufactured goods, which are almost 50% of our global trade.
I do not know whether the shadow Minister is concerned that, by locking into the GDPR, we will jeopardise our ability to strike trade deals with other countries. In previous debates, I have assured him that it is the Government’s intention that we continue to enjoy the benefits of the privacy and data rights that the GDPR has given British nationals, and we would not want to see those rights compromised by any trade deal in the future. The GDPR is becoming a gold standard for privacy and data rights globally—it is causing rising envy, certainly in the US.
The shadow Minister mentioned the age of consent, which is set at 13 in the Data Protection Act. That relates to the rights of young people to open accounts online. We have not reduced that age; we have set it. We set it within the band that the GDPR permits member states to set it. We were not alone in choosing 13; at least five other member states also set the age of digital consent at 13. He raised concerns, which I share, about some of the risks to young people online. We intend to address those through the White Paper we will publish shortly. I thank him and his team for the suggestions they have made to us over the past six months about what that White Paper should contain.
The shadow Minister asked about adequacy. He knows that we cannot guarantee adequacy, because it is in the EU’s gift rather than ours, but we have made it clear to the EU that we are ready to commence adequacy discussions just as soon as it is ready. We have had an indication from the Commission that, as long as we leave with a deal, it will be ready to start those discussions immediately. Given that we will be fully compliant at the moment of departure, it is highly likely that we will be able to conclude those discussions at the shorter end of the spectrum of times that adequacy discussions with third countries have taken in the past.
The shadow Minister asked about the contingencies we are making in the event of no deal. The ICO and officials in my Department have been working closely together, and the ICO has published approaches for both the public sector and industry in terms of the reach of the standard contractual clauses that will form a legal basis for transferring data in the event that we do not have an adequacy decision. Of course, if we left without a deal, we would not have an adequacy decision.
The hon. Member for Central Ayrshire asked whether EU citizens in her constituency and elsewhere in Scotland will continue to enjoy the same data rights and privacy. I can assure her that they will. They will have those rights as long as we leave with a deal. EU citizens’ rights are enshrined in the deal, and they will enjoy exactly the same provisions as citizens of this country, assuming we get that deal and implement these regulations. The regulations will preserve the GDPR’s extraterritorial approach in UK law.
Dr Whitford
Will the Minister therefore clarify—I understand that she might not be able to do so at this moment—why there is no reference to GDPR protection in the small print of the settled status scheme, other than a bald statement that people’s data can be shared pretty much with anybody?
Nuclear Decommissioning Industry: Pensions
Debate between Philippa Whitford and Margot James(7 years, 9 months ago)
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Margot James
I will certainly pass on the hon. Gentleman’s kind invitation to meet to my hon. Friend the Energy Minister. He is gainfully employed at the moment, meeting the Treasury, with the interests of the NDA workforce very much near his heart. I am sure that he will consider the invitation proffered.
Dr Philippa Whitford
We had a debate regarding Hewlett-Packard’s takeover of Digital Equipment’s workforce. At that time, the Minister responding said that nothing could be done because it was a purely private company. However, in this instance, as my hon. Friend the Member for North Ayrshire and Arran (Patricia Gibson) said, the goalposts have been moved in the definition of public and private and back again, so the Government can do something for these workers.
Margot James
The hon. Lady makes a good point about the difference in the nature of the public-private definition. The industry has had £15 billion of Government and taxpayers’ support, so it sits where it sits. My officials will reflect on the views that all Members have given today, as we consider further the options for NDA pension reform. The Government will set out the next steps following the NDA consultation on pension reform.
Question put and agreed to.