Data Protection and Digital Information (No. 2) Bill

Rosie Winterton Excerpts

2nd reading
Monday 17th April 2023 Commons Chamber

[Jim Shannon (Strangford) (DUP)]

It is a pleasure to add some comments and make a contribution, and also to have heard all the right hon. and hon. Members’ speeches as I have sat here tonight. There will not be any votes on the Bill, I understand, but if there had been, my party would have supported the Government, because I think the intention of the Minister and the Government is to try to find a correct way forward. I hope that some of the tweaking that is perhaps needed can happen in a positive way that can address such issues. It is always good to speak in any debate in this House, but this is the first one after the recess, and I am indeed very pleased to be a part of any debates in the House. I have spoken on data protection and its importance in the House before, and I again wish to make a contribution, specifically on medical records and protection of health data with regard to GP surgeries. I hope to address that with some questions for the Minister at the end.

Realistically, data protection is all around us. I know all too well from my constituency office that there are guidelines. There are procedures that my staff and I must follow, and we do follow them very stringently. It is important that businesses, offices, healthcare facilities and so on are aware of the guidelines they must follow, hence the necessity of this Bill. As I have said, if there had been a vote, we would have supported the Government, but it seems that that will not be the case tonight. Data exposure means the full potential for it to fall into the wrong hands, posing dangers to people and organisations, so it is great to be here to discuss how we can prevent that, with the Government presenting the legislation tonight and taking it through Committee when the time comes.

I have recently had some issues with data protection—this is a classic example of how mistakes can happen and how important data can end up in the wrong place—when in two instances the Independent Parliamentary Standards Authority accidentally published personal information about me and my staff online. It did not do it on purpose—it was an accident, and it did retrieve the data very quickly—but it has happened on two occasions at a time of severe threat in Northern Ireland and a level of threat on the mainland as well. Although the matter was quickly resolved, it is a classic example of the dangers posed to individuals.

I am sure Members are aware that the threat level in Northern Ireland has been increased. Despite there being external out-of-office security for Members, I have recently installed CCTV cameras in my office for the security of my staff, which, though not as great in comparison, is my responsibility. I have younger staff members in their 20s who live on their own, and staff who are parents of young children, and they deserve to know that they are safe. Anxieties have been raised because of the data disclosure, and I imagine that many others have experienced something similar.

I want to focus on issues about health. Ahead of this debate, I have been in touch with the British Medical Association, which raised completely valid concerns with me about the protection of health data. I have a number of questions to ask the Minister, if I may. The BMA’s understanding of the Bill is that the Secretary of State or the Minister will have significant discretionary powers to transfer large quantities of health information to third countries with minimal consultation or transparent assessment about how the information will benefit the UK. That is particularly worrying for me, and it should be worrying for everyone in this House. I am sure the Minister will give us some clarification and some reassurance, if that is possible, or tell us that this will not happen.

There is also concern about the Secretary of State having the power to transfer the same UK patients’ health data to a third country if it is thought that that would benefit the UK’s economic interests. I would be very disturbed, and quite annoyed and angry, that such a direction should be allowed. Again, the Minister may wish to comment on that at the end of the debate. I would be grateful if the Minister and his Department provided some clarity for the BMA about what the consultation process will be if information is to be shared with third-party countries or organisations.

There have also been concerns about whether large tech and social media companies are storing data correctly and upholding individuals’ rights or privacy correctly. We must always represent our constituents, and the Bill must ensure that the onus of care is placed on tech companies and organisations to legally store data safely and correctly. The safety and protection of data is paramount. We could not possibly vote for a Bill that undermined trust, furthered economic instability and eroded fundamental rights. Safeguards must be in place to protect people’s privacy, and that starts in the House today with this Bill. Can the Minister assure me and the BMA that our data will be protected and not shared willy-nilly with Tom, Dick and Harry? As I have said, protection is paramount, and we need to have it in place.

To conclude, we have heard numerous stories both from our constituents and in this place about the risks of ill-stored and unprotected data. The Bill must aim to retain high data protection standards without creating unnecessary barriers for individuals and businesses. I hope that the Minister and his Department can answer the questions we may have to ensure that the UK can be a frontrunner in safe and efficient data protection. We all want that goal. Let us make sure we go in the right direction to achieve it.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I call the shadow Minister.