Data Protection Bill [Lords]
Debate between Yvette Cooper and Margot JamesWednesday 9th May 2018
(6 years, 7 months ago)
Commons ChamberRead Full debate Data Protection Act 2018 View all Data Protection Act 2018 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Consideration of Bill Amendments as at 8 May 2018 - (9 May 2018)
Margot James
The right hon. Gentleman should know that different structures govern crime and immigration. I reiterate that we are disapplying these rights selectively—the data subjects will hang on to the majority of their rights—but it cannot be right for the Home Office to have to furnish someone who is in contravention of immigration law with information it has been given.
Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)
I am shocked by what the Minister is saying. These provisions were drafted before the Windrush scandal broke, and she is not learning the lessons at all. She says she wants these decisions made on an individual basis and in a way that is necessary and proportionate, but necessary and proportionate to achieve what? None of us knows what her definition of immigration control is. Does it mean meeting the net migration target, which is what we normally hear Ministers say? Necessary and proportionate to meet the net migration target could mean anything.
Margot James
I understand that it is a matter of interpretation. I also understand that the Home Office is considering these matters in the fallout from the Windrush case. I am sure that, as Chair of the Home Affairs Committee, the right hon. Lady will have ample opportunity to question the new Home Secretary on exactly what he might mean by “necessary and proportionate”. When someone is seeking access to data from the Home Office to prove their immigration history, such as in the Windrush cases, there will be no basis for invoking the immigration exemption in the Bill. I trust that that provides the right hon. Lady with some comfort.
Margot James
I will give way for the last time to the right hon. Lady, if the right hon. Gentleman does not mind.
Yvette Cooper
That is not what the Bill says. That may be what the Minister intends, but if that is what she intends, she should change the Bill.
Margot James
I shall have to write to the right hon. Lady once I have communicated with Home Office Ministers. According to my understanding, the Bill says that the exemption applies—