argyrotsipi/train-dataset huggingface dataset:
Data Protection Bill [Lords] — House of Commons, 2018-05-09
Topic: Immigration
Margot Cathleen James (Conservative, Centre-right): I will continue to make some progress, as I feel that those points have already been made The application of the exemption does not set aside all data subjects’ rights, but only those expressly listed. A further limitation is that exemptions can be applied only where compliance with the relevant rights would be likely to prejudice the maintenance of effective immigration control.
Data Protection Bill [Lords] — House of Commons, 2018-05-09
Topic: Immigration
Margot Cathleen James (Conservative, Centre-right): I think it highly likely that if, for example, someone were to undertake a full data subject review of whatever information the Home Office held about them—as was posited earlier by the right hon. Member for Kingston and Surbiton—the review would contain sources of information as well as the information itself. A further limitation is that exemptions can be applied only where compliance with the relevant rights would be likely to prejudice the maintenance of immigration control. This "prejudice" test must be applied first, and as a result the situations in which the exemption can be used are limited. The Government recognise the concerns that have been expressed in this debate.
Data Protection Bill [Lords] — House of Commons, 2018-05-09
Topic: Civil Rights
Margot Cathleen James (Conservative, Centre-right): We are permitted under GDPR to make these exemptions and are doing so in a very selective way and on a case-by-case basis, so it will not result in a widespread denial of people’s data rights The exemption should be as limited as possible, which is why we have brought forward amendments 141 and 142. These amendments will ensure that migrants enjoy the rights afforded under all of the data protection principles, except where a restriction on those principles is a consequence of restricting one of the other rights coming within the scope of the exemption I now turn to Opposition amendments 18 and 19 on primary care providers, and Government amendments 22 to 24 on parish councils. Parish and community councils are not exempt from the new law. None the less, by describing parish and community councils as "public authorities" the Bill gives these councils additional obligations above and beyond those placed on other small organisations, including that they must appoint a data protection officer. We have been working to minimise the impact of this requirement, and have concluded that as parish and community councils process very little personal data, the burden they would face would be disproportionate. Amendments 22, 23 and 24 therefore take these councils out of the definition of "public authorities" for data protection purposes.
Data Protection Bill [Lords] — House of Commons, 2018-05-09
Topic: Civil Rights
Margot Cathleen James (Conservative, Centre-right): I thank my hon. Friend for his comments. He and other colleagues across the House made these arguments, and given that such organisations are often very small and process only small amounts of personal data, we have decided to take parish councils out of the definition of "public authorities" for data protection purposes. Their status in respect of other legislation, including the Freedom of Information Act, is unaffected, however Similar arguments have been advanced in respect of primary care providers, but although I have sympathy with amendments 18 and 19, primary care providers are different from parish councils in that they process sizeable quantities of sensitive health data, whether that be an individual’s mental health status, the fact that they are pregnant, or details of their prescription for a terminal illness. All of these matters are highly personal, and in the world of health, data protection is rightly paramount The Dean Street Express case in 2015 illustrates the potential harm that even a single data breach can cause. In that incident, the names and email addresses of almost 800 people, many living with HIV, were disclosed to other recipients. It does not seem unreasonable that bodies who process that kind of data should have a single point of contact on data protection matters Government amendments 139 and 140 relate to legal professional privilege. We recognise the importance of protecting legal professional privilege and that is why in the Bill we have replicated the existing measures and exemptions for legal professional privilege found in the Data Protection Act 1998, which have worked well for many years Amendments 10 and 11 seek to widen the legal professional privilege exemptions found in schedules 2 and 11. They offer some thoughtful changes that are intended to recognise the broader range of material covered by a lawyer’s ethical duty of confidentiality. We agree that the Bill could be clearer, and have tabled amendments 139 and 140 in response.
Data Protection Bill [Lords] — House of Commons, 2018-05-09
Topic: Domestic Commerce
Michael Penning (Conservative, Centre-right): It is interesting that we are making lots of exemptions for the Government, parish councils, lawyers and so on. I spoke to some lawyers this morning, and they were not convinced by the measures either. However, small businesses seem to be disproportionately affected, and there is real confusion out there. As I say, a lot of work has been done to protect the Government, parish councils and lawyers, but what about the little people—the people who make this country grow? There is even confusion in the Information Commissioner’s Office, which gave the wrong advice in briefings here to MPs’ staff only the other week. What are we going to do to protect the small people? They think that they are doing the right thing, but they have probably been ill advised. They are spending a lot of money trying to get things right, but there is real confusion out there.
Data Protection Bill [Lords] — House of Commons, 2018-05-09
Topic: Civil Rights
Margot Cathleen James (Conservative, Centre-right): My right hon. Friend raises several important points. As for the effect on small businesses, he will be reassured to learn that the issues with the processing of highly personal data that I was discussing do not apply to the majority of SMEs. They will not have to appoint a data protection officer, so that is one comfort As for training and guidance, I am sorry that colleagues and their research staff attended courses that were put together before the Bill was even in Committee, and thus did not take numerous amendments into account—not least the amendment clarifying the rights of Members of Parliament and other elected individuals. I apologise for that confusion I draw businesses’ attention to the excellent ICO website, which contains good sources of guidance for SMEs, including frequently asked questions. The ICO also provides an advice line for any follow-up questions on subjects that businesses might not be clear about. Ultimately, there is a need for better data protection, and that is not just what is set out in the GDPR. Dreadful examples, such as the case of Facebook and Cambridge Analytica, have demonstrated the need for more rigorous data rights and for greater security of data.
Data Protection Bill [Lords] — House of Commons, 2018-05-09
Topic: Domestic Commerce
Michael Penning (Conservative, Centre-right): The Minister is being ever so generous in giving way not just to me, but to Members from across the House, and I thank her. Returning to the parliamentary stuff—we are only a small part of all this—some of the staff present at the briefing I mentioned left in tears, and I know that for a fact, because a member of my staff was there. Believe it or not, even though the ICO knew that the briefing was completely flawed, it has today issued certificates of attendance saying that it was the right thing for staff to have done More important, however, are the SMEs. Small businesses have approached me today to tell me that they have been told to delete all their data unless they get permission from the relevant people. Companies that did work for people three, four or five years ago—even last year—must get permission to hold their addresses so that they can fulfil, for example, warranty agreements. Other companies are getting completely different advice, and the lawyers are getting different advice. There seems to be a rush to protect Government agencies, local government, parish councils and lawyers, but not enough is being done to protect the small people of this country—the people who account for so much of our money.
Data Protection Bill [Lords] — House of Commons, 2018-05-09
Topic: Domestic Commerce
Margot Cathleen James (Conservative, Centre-right): I thank my right hon. Friend for his points. I want to reassure the small businesses that he mentions. I sympathise with businesses that are getting conflicting advice, and with those that are approached by firms of consultants who appear to be exaggerating the scale of the task of complying with the legislation. I am afraid that that always happens when there is change; people think that they can exaggerate the impact and the implications of a change and—who knows?—perhaps they will be remunerated for helping businesses to comply I also want to reassure my right hon. Friend about the specific case that he mentioned, in which companies were being advised that they needed to delete all the data for which they did not have consent. I want to reassure him that the vast majority of businesses will not have to delete the personal data that they hold. If they have gained the personal data lawfully, there are five, if not six, lawful bases on which they can process that personal data, of which consent is only one. I draw his attention particularly to legitimate interests, which is a lawful basis for processing data. For example, if a small firm has been supplying a much-needed service to people for a number of years, it is in the pursuit of its legitimate interests to communicate with its database of customers or new prospects, and it does not need to have consent. I would advise people not to delete their data without very careful consideration, or without consultation with the ICO website in particular.
Data Protection Bill [Lords] — House of Commons, 2018-05-09
Topic: Civil Rights
Margot Cathleen James (Conservative, Centre-right): I will give way to my right hon. Friend in a second. I want to respond to my right hon. Friend the Member for Hemel Hempstead (Sir Mike Penning) on the alleged discrimination involved in our taking steps to protect lawyers, parliamentarians, local councillors and so on but not to protect small businesses. The reason is that small businesses are less affected, in the sense that most of them do not process huge quantities of personal data. They therefore come under the purview of the ICO to a lesser extent, and enforcement is less likely to focus on organisations that do not process highly personal data. Those organisations do not need to appoint a data protection officer. I hope that I have gone some way towards allaying my right hon. Friend’s—
Data Protection Bill [Lords] — House of Commons, 2018-05-09
Topic: Domestic Commerce
Anna Mary Soubry (Conservative, Centre-right): I thank my hon. Friend for that information, but it was mainly complete news to me, as I suspect it was to my right hon. Friend the Member for Hemel Hempstead too. We have a really serious problem here. I just cannot overestimate the amount of concern among small businesses. Medium-sized businesses with more than 250 employees have the benefit of a team of people, but this is a real crisis for small businesses and I am afraid that the lack of information is truly troubling. There are solutions, and perhaps we should discuss them in a different debate, but as a Government we have an absolute duty to get this right. There are devices available—HMRC sends out tax returns, for example—and there are many opportunities to get this information out there. At the moment, however, there is a lot of disinformation, and as my right hon. Friend the Member for Hemel Hempstead says, these businesses are the lifeblood of our economy. They do not know what is happening, and they are worried.
Data Protection Bill [Lords] — House of Commons, 2018-05-09
Topic: Civil Rights
Margot Cathleen James (Conservative, Centre-right): I sympathise with the points that my right hon. Friend has raised. In fact, we have secured almost £500,000 to launch an information campaign to bolster what the Information Commissioner’s Office is already doing for small businesses. I also draw her attention to the need for this legislation, and to the need for businesses and all of us in public life to respect people’s data rights. The landscape has changed. We now live in a digital world, and there is so much abuse of people’s privacy and data that I must bring her attention back to the need for the Bill. Of course she is right, however, to say that people need to be properly informed, and that is what the ICO is doing and what the Government campaign that we are about to launch will also do.
Data Protection Bill [Lords] — House of Commons, 2018-05-09
Topic: Civil Rights
Michael Penning (Conservative, Centre-right): What the Minister said at the Dispatch Box a moment ago was also news to me. I have been campaigning and pushing on this for months—I spoke to the Secretary of State over the bank holiday weekend—and I was going to vote against the Bill this evening. Yes, we need data protection, but we do not want to destroy or frighten our businesses in the process. However, I take my hon. Friend at her word, and I will vote for the legislation this evening.
Data Protection Bill [Lords] — House of Commons, 2018-05-09
Topic: Domestic Commerce
Margot Cathleen James (Conservative, Centre-right): I quite agree. In fact, both the Secretary of State and I were small business owners before entering this place, so I feel what my right hon. Friend says very deeply. I must commend my hon. Friend the Member for Mid Worcestershire (Nigel Huddleston) on the excellent advice that his office has put together on what it will be doing in this respect. For the benefit of my staff, I have set out exactly what my office will be doing to comply with the legislation. If my right hon. Friend has any concerns about his own situation—
Data Protection Bill [Lords] — House of Commons, 2018-05-09
Topic: Mixed Topics
Margot Cathleen James (Conservative, Centre-right): I commend the hon. Lady for that observation, because she has a fair point. I will raise her concern with the Information Commissioner. My right hon. Friend the Member for Hemel Hempstead said that some businesses have been advised that they should delete their data, so I can see where the hon. Lady is going on that. It raises the prospect that some organisations might use this as an excuse to delete data that it would be in the data subject’s interests to preserve I have not been able to address every amendment in the time available, but I am mindful of the number of colleagues who wish to contribute, and we have less than 60 minutes remaining. I have addressed most of the matters that came up in the Public Bill Committee, and the Government’s position will remain the same on many of them In short, we have enhanced the ICO’s enforcement powers, we have changed the way we share data, we have reached out to parish councils, we have narrowed the immigration exemption and we have responded to calls to better protect lawyer-client confidentiality. We have also dealt—effectively, I hope—with the concern expressed by my hon. Friend the Member for Totnes about the sharing of data between the Department of Health and Social Care and the Home Office.
Data Protection Bill [Lords] — House of Commons, 2018-05-09
Topic: Civil Rights
Margot Cathleen James (Conservative, Centre-right): The right hon. Gentleman makes some good points. I agree with the rights he is talking about, but those rights exist under the GDPR and are intrinsic to the Bill, so I see no need for his amendment.
Data Protection Bill [Lords] — House of Commons, 2018-05-09
Topic: Other
Eleanor Fulton Laing (Conservative, Centre-right): Order. We have only 40 minutes left to debate this group and around 10 Members wish to speak. If everybody speaks for four to five minutes, everybody will get in; if not, some people will not get to speak at all.
Data Protection Bill [Lords] — House of Commons, 2018-05-09
Topic: Civil Rights
Damian Noel Thomas Collins (Conservative, Centre-right): The significance of the Bill and the importance of data and data protection to the economy and the whole of society is reflected in this debate. The fact that amendments have been tabled on Report through the work of three different departmental Select Committees shows how wide-ranging this issue is I principally want to talk about amendments 20 and 21, which stand in my name and those of other members of the Digital, Culture, Media and Sport Committee and which are addressed by Government amendments, too. Before I do so, I want to add that the Chair of the Home Affairs Committee, the right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper), made a very important point about the fact that some people—particularly those involved in immigration cases—may not have full access to the data rights enjoyed by others. If the Minister can provide any further clarification, I will be happy to give way before I move on.
Data Protection Bill [Lords] — House of Commons, 2018-05-09
Topic: Civil Rights
Margot Cathleen James (Conservative, Centre-right): After the exchange I had with the hon. Member for Newcastle upon Tyne Central (Chi Onwurah), I wanted to confirm that the Home Office will certainly not destroy any data for which there is still a legitimate and ongoing need not just for the Home Office but for data subjects.
Data Protection Bill [Lords] — House of Commons, 2018-05-09
Topic: Civil Rights
Damian Noel Thomas Collins (Conservative, Centre-right): The right hon. Gentleman is absolutely right and that throws up two really important points The first point is that the Information Commissioner is also currently investigating this, which links to the right hon. Gentleman’s point about where the money comes from and who the data controllers are in these campaigns. Although Facebook is saying that it will in future change its guidelines so that people running political ads must have their identity and location verified, we know that it is very easy for bad actors to fake those things. It would be pretty easy for anyone in the House to set up a Facebook page or account using a dummy email address they have created that is not linked to a real person, but is a fake account. This is not necessarily as robust as it seems, so we need to know who is running these ads and what their motivation is for doing so Secondly, the Information Commissioner is also looking at the holding of political data. It is already an offence for people to harvest and collect data about people’s political opinions or to target them using it without their consent, and it is an offence for organisations that are not registered political parties even to hold such data. If political consultancies are scraping data off social media sites such as Facebook, combining it with other data that helps them to target voters and micro-targeting them with messaging during a political campaign or at any time, there is a question as to whether that is legal now, let alone under the protection of GDPR As a country and a society, we have been on a journey over the past few months and we now understand much more readily how much data is collected about us, how that data is used and how vulnerable that data can be to bad actors. Many Facebook users would not have understood that Facebook not only keeps information about what they do on Facebook, but gathers evidence about what non-Facebook users do on the internet and about what Facebook users do on other sites around the internet. It cannot even tell us what proportion of internet sites around the world it gathers such data from. Developers who create games and tools that people use on Facebook harvest data about those users, and it is then largely outside the control of Facebook and there is little it can do to monitor what happens to it. It can end up in the hands of a discredited and disgraced company like Cambridge Analytica These are serious issues. The Bill goes a long way towards providing the sort of enforcement powers we need to act against the bad actors, but they will not stop and neither will we. No doubt there will be further challenges in the future that will require a response from this House.
Data Protection Bill [Lords] — House of Commons, 2018-05-09
Topic: Civil Rights
Colin James Clark (Conservative, Centre-right): I am conscious of the time, Madam Deputy Speaker, so I will not take too long This country is committed to remaining a global leader on data protection. The fundamental principle behind the Bill is to bring our data protection and information laws up to speed in the digital age. If we are to keep pace with technology and restore accountability in this area, we need a strong Information Commissioner’s Office. I am therefore pleased that the Government have brought forward new clauses 13 and 14. Remarkably, 11.5% of global data flows through the UK. It is vital that the UK plays a key role in ensuring compliance.
Data Protection Bill [Lords] — House of Commons, 2018-05-09
Topic: Civil Rights
Peter Heaton-Jones (Conservative, Centre-right): It is a pleasure to be able to speak briefly at the conclusion of our proceedings on the Bill. I have followed it with interest throughout all its stages, and I had the pleasure of sitting on the Public Bill Committee. I echo what has been said about the fine contributions made by Members on both sides of the House at all stages, and I thought that the Committee was extraordinarily well conducted. I particular enjoyed my light-hearted sparring with the right hon. Member for Birmingham, Hodge Hill (Liam Byrne), and the people at BBC Radio Essex will have been delighted that they got a disproportionate amount of airtime as a result This is a good Bill. Data protection is incredibly important—and increasingly so. The Bill has successfully navigated the choppy waters that are coming towards us, created by the need for the GDPR to be implemented in only about 14 days’ time. If I may say so, the Secretary of State and his entire team have navigated those waters with skill and elegance to ensure that we in the UK now have legislation that does what it needs to do as far as the GDPR is concerned, on which I congratulate them. The Government, the House and the other place have looked into this matter very carefully and rigorously, and they have arrived at what I think is a good package of measures that will do what it needs to do as far as data protection is concerned My interest has been in the amendments concerning press regulation, as Members on both sides of the House will remember. I believe that the House has reached the right decision on what started off as an amendment in the other place and what was set out in new clause 18 today. Not to go ahead with Leveson 2 is the right decision. However, I agree with the sentiment that we must keep the victims of what will undoubtedly still be a difficult press environment at the centre of our thinking. It is important that we have not lost the opportunity to do that, and I know the Secretary of State and his team will continue to do so, but I think we have got the balance right today. I congratulate the whole ministerial team and all those who have taken part in these deliberations. I have followed with interest the arguments made by Members on both sides.