Anonymity (Arrested Persons) Bill [HL] — House of Lords, 2019-03-01
Topic: Civil Rights
Susan Williams (Conservative, Centre-right): My Lords, I congratulate the noble Lord, Lord Paddick, on introducing the Bill, which is on an important topic. I thank him for congratulating me on this being my third Bill this week but of course the noble Lord, and the noble Lord, Lord Kennedy, are also on every Bill I am on. We have had a bit of a marathon week but we are all still smiling, which is the important thing The nub of the debate today has been about the balance between press freedom and personal privacy, which is important. The Government are committed to protecting the freedom of the press and recognise that a vibrant and free press plays such a valuable role in our cultural and democratic life. How lucky we are to have our free press. We want to make sure that it continues, with high journalistic standards and with work absolutely in the public interest Of course, the right to freedom of expression is not absolute and must be appropriately balanced against the right to privacy. As enshrined in Article 8 of the European Convention on Human Rights, everyone has the right to respect for their private and family life, their home and their correspondence. Any interference with this right must be in accordance with law and necessary in a democratic society and, as such, must be adequately protected. The courts have had to develop privacy law in accordance with Article 8, resulting in the development of the tort of misuse of private information. Information will be considered private where a person has a reasonable expectation of privacy in relation to it, which is a fact-sensitive assessment. Article 10 of the convention, which covers freedom of expression, is often relied on in defence of a privacy claim, resulting in the need for the balancing of Article 8 rights against the Article 10 rights The Data Protection Act 2018 puts in place a framework for the protection of data that either identifies or is capable of identifying living people. Within this framework, the privacy rights of individuals are balanced against the legitimate needs of public and private sector organisations to make use of such data, including publishing it. The Act provides the rules by which the processing of personal data for legitimate purposes can take place, and "processing" includes the disclosure or sharing of personal data. To be compatible with the Act’s requirements it must be shown, among other things, that the living individual to whom the disclosure relates has consented to the disclosure, or alternatively, that there is a lawful basis that it is necessary to disclose the data for. The Act and the GDPR set out what those lawful bases are, including the public interest Publishing the names of suspects and others who stand accused of wrongdoing is not of itself unlawful unless found to be in contempt of court. Private law actions, however, can be brought against those who disclose such information, based on the right to privacy In considering the balance we are trying to achieve, we must remember that there are times when, as the noble Lord, Lord Pannick, said, in a comment almost identical to that made today by the noble Lord, Lord Marks, "publicity can lead others to come forward with supporting evidence that helps to make the case against the person who is rightly accused. Sometimes this is evidence that the person accused has treated them in the same way. They have not previously come forward because they are fearful that no one would take them seriously. It is only hearing that an allegation is being taken seriously that gives them the confidence to come forward".—[Official Report, 16/11/16; col. 1454.] That is an important comment, which the noble Lord, Lord Marks, reflected today. More recently, the #MeToo movement has been a living testament to this I see that the Bill in the name of the noble Lord, Lord Paddick, would not necessarily prevent disclosure in these circumstances. It is focused on a specific period—that between arrest and charge—and it allows for restrictions to be lifted in exceptional circumstances In this way, it mirrors the framework within which the police operate. The circumstances in which suspects’ names may be released to the media by the police are set out in the authorised professional practice guidance on media relations issued by the College of Policing, as the noble Lord, Lord Paddick, said. It makes clear that the police will not name those arrested or suspected of a crime save in exceptional circumstances where there is a legitimate policing purpose to do so. A legitimate policing purpose may include circumstances such as threat to life.