Digital Economy Bill — House of Commons, 2016-11-28
Topic: Civil Rights
Matthew John David Hancock (Conservative, Centre-right): I am glad that there is a willingness for that data to be shared, because I share the right hon. Gentleman’s passion to improve the use of data to improve people’s lives in Wirral and elsewhere. Given that passion, I hope that the clarity that we will achieve, not least as a result of this debate, will ensure that the data are indeed shared Clarity is supported by the Data Protection Act 1998, because all the data shared under powers in the Bill will continue to be protected under the firm boundaries of that Act, which rightly enjoys a broad consensus of support. We are strengthening in the Bill the sanction on the purposeful reidentification of data to make that a criminal sanction. The hon. Member for Cardiff West expressed concerns about the details, but the protections are important and strike the right balance. New clause 19 seeks to strengthen data sharing, but amendment 3 seeks to weaken it and put barriers in place. The amendment is not needed, as health bodies in England are not within the scope of the public service delivery power. For the rest of the UK, health is devolved. The Labour Administration in Wales and the Scottish National party Government in Scotland have signalled that they will seek the consent of their legislatures on the grounds that the amendment is not in place. The Labour party in Wales and the SNP in Scotland support this sort of data sharing for the precise reasons set out by the right hon. Member for Birkenhead, so I hope to persuade hon. Members not to divide the House on these matters. They should be reassured that we value data sharing as well as its protection and safekeeping. I therefore urge Members on both sides of the House to resist the amendments New clause 5 would impose obligations on organisations to report data breaches, as has been said. That is covered in the general data protection regulation, which will come into force in May 2018, so it is not necessary to legislate here. New clause 11 deals with data-sharing registers. Part 5 includes a number of commitments to transparency and proportionality in the disclosure of information by public authorities. We are committed to the transparency of information shared under part 5, and I think that the new clause is aimed at testing that. However, there are a number of problems with it, not least the fact that setting the requirement in primary legislation reduces the flexibility to learn from and adapt to the consequences of publishing a register New clause 12 requires that the Government commission an independent review of the collection and use of data by Government and commercial organisations. The Royal Society and the British Academy are currently undertaking such a review to consider the ethical and legal frameworks that are needed in the UK as data technologies advance. I agree with the hon. Member for Cardiff West that it is important that we develop those ethical and legal frameworks to make sure that they are ahead of the use of data and data science, not behind, so that we can take the public with us. We will consider the findings of the review when it is published New clause 23 was tabled by Plaid Cymru. We are firmly committed to ensuring that the needs of Welsh language speakers are recognised and met. For example, gov.uk now publishes its frequently used web content in Welsh. The Government Digital Service has helped to produce exemplar Welsh language versions of new digital services such as the register to vote service. The GDS and the Wales Office have discussed with the Welsh language commissioner how they can help Departments meet their requirements under their Welsh language schemes. Dwyn cefnogwyr brwd o S4C—I support strongly the Welsh language is, I think, a rough translation Government amendments 4 to 19 apply the duty to review set out in clauses 45 to 53 of the fraud and debt chapters, which require the relevant Minister after three years to review the operation of the powers. The amendments are consistent with the devolution settlements and ensure that appropriate consent for any proposed changes is sought from the affected territories On the illicit online trade and internet sales of counterfeit electrical appliances, we take this very seriously. The Intellectual Property Office has recently published its IP enforcement strategy for the next four years, which I think takes into account the concerns raised.