argyrotsipi/train-dataset huggingface dataset:
Data Protection Bill [HL] — House of Lords, 2017-11-06
Topic: Domestic Commerce
Charles Hay (Crossbench, Unknown): I speak to Amendment 25A and declare my interests as set out in the register, particularly those in respect of the insurance industry. I thank the noble Lord, Lord Kennedy of Southwark, for a clear introduction to his thinking. I am also looking forward to hearing what the Minister says later on Amendment 25A is essentially a probing amendment relating to another problem of unintended consequences of the Bill’s far-reaching provisions. The impact assessment, in its section entitled "policy objectives and intended effects", talks of setting new standards in accordance with the GDPR, "whilst preserving existing tailored exemptions from the Data Protection Act" Later on, the assessment talks about ensuring that, "the burden on business is kept minimal" Amendment 25A is designed to avert just such an unintended consequence which, although small in words, would be substantial in effect for insurers and therefore affect people who want to take out policies. Without this amendment, the Bill would affect insurers’ ability to process data in relation to obligations in connection with employment law. In short, they will have to redesign all their processes in what is a substantial and important area. The amendment changes the wording back to that in paragraph 2(1) of Schedule 3 to the Data Protection Act 1998, so that insurers can continue to use existing procedures. It is entirely consistent with the GDPR, in particular with article 9(2)(b), which is the bit which affects this and calls for safeguards. I can think of no better watchdogs than the Information Commissioner’s Office and the FCA. I therefore feel that this amendment should be uncontroversial and look forward to hearing the Minister’s reasoning on it. I would welcome discussions outside the Chamber should he want further detail.
Data Protection Bill [HL] — House of Lords, 2017-11-06
Topic: Civil Rights
Robert Skidelsky (Crossbench, Unknown): My Lords, Amendment 89A in my name would remove the reference on page 137, line 14, to the IPSO editors’ code—written mainly by newspaper editors and enforced by their own, industry-controlled regulator—and replace it with a reference to any code operated by a regulator which meets Leveson’s criteria for independence and effectiveness. It is wrong, in principle, to place the IPSO Editors’ Code of Practice in the Bill alongside the BBC guidelines and Ofcom code of practice, which are the approved codes of statutory bodies. Parliament has approved a procedure whereby a press regulator may apply for recognition from the Press Recognition Panel, which is an integral part of the charter system, devised by Parliament to oversee press regulation. One of the criteria set out by the panel for effective self-regulation is that the regulator, "should be independent of the publishers it regulates" I do not know whether the IPSO code would pass this test, because it has never been tested; IPSO has never applied for recognition. However, I doubt it, because the code is drawn up and managed by the editors’ code committee, which is made up of nine editors and newspaper executives and three lay people, with the chairman as an ex officio member. What is more, that code could be changed by that particular committee of the newspaper industry any time it wants and there is nothing that Parliament could do about it. That means that it is quite wrong for the IPSO code to be singled out, for reasons of freedom and information, for the full range of exemptions to which the noble Baroness, Lady Hollins, referred. It would be quite wrong for it to get that status My amendment seeks to confine the media code of conduct to the BBC guidelines, the Ofcom code and any code recognised by the Press Recognition Panel set up by the royal charter to provide a credible balance between freedom of expression and the right to privacy. I hope that the Government and the whole House will give it sympathetic consideration. I am sorry that I did not consult more widely beforehand: I am trying to finish a book which the publishers are screaming for, but I should have done that. However, I hope that this amendment will receive consideration.
Data Protection Bill [HL] — House of Lords, 2017-11-06
Topic: Civil Rights
Robert Skidelsky (Crossbench, Unknown): The noble Lord, Lord Black, paints an incredibly rosy picture of the state of press regulation in the last 20 years. What he ignores is the background to the Leveson inquiry itself and the statutory system—the royal charter and so on—which followed it. There were years in which many newspapers grossly abused their freedom of speech. That is why this interlocking set of propositions, as he calls them, got going and produced a system which all the parties in Parliament accepted in 2013. He says that no other country in the world has a system like ours. No other country has had such an abusive press in parts, though not all the press by any means. These amendments seek to create a balance between freedom of speech and the right of privacy by setting up an auditor to determine how that balance is kept. It is an independent auditor, not part of the Government or the state. The noble Lord, Lord Black, seems to confuse the role of the state with that of an independent auditor, so the argument falls to the ground.
Data Protection Bill [HL] — House of Lords, 2017-11-06
Topic: Mixed Topics
Sheila Clare Hollins (Crossbench, Unknown): The noble Lord’s support for IPSO as being substantially better than the PCC is surprising. It has done no standards investigations, issued no fines and made no front-page corrections. I do not understand how that can be seen as regulation The noble Lord described Hacked Off as a movement set up to support celebrities. It was actually motivated by the Dowlers and sustained because of concerns about people like the McCanns and Christopher Jefferies. It is not about celebrities. Celebrity money has provided some of its support because they were motivated by hearing about those appalling abuses. That is what it is about All my amendments would do is incentivise a regulator to seek approval of its independence. Why will IPSO not seek approval and recognition of its independence? Why is it so afraid? Is it because it is not independent?
Data Protection Bill [HL] — House of Lords, 2017-11-06
Topic: Civil Rights
Sheila Clare Hollins (Crossbench, Unknown): My Lords, I want to make a couple of comments. I take exception to the suggestion that my amendments are in some way bullying. If anything, it is the newspapers that are bullying: for example, bullying the Government not to commence Section 40 of the Crime and Courts Act 2013. This is not the wrong Bill: it is about data protection. All that my amendments would do is implement Lord Justice Leveson’s recommendations on data protection. It is a data protection Bill, and that is what they are about The so-called IPSO code is owned by the Regulatory Funding Company and, as I understand it, only its sub-committee can change it. IPSO then has to take it or leave it. The RFC also refused to allow IMPRESS to use it. It seems very strange to have that code named in the Bill. I will think carefully and review what needs to come back on Report, but I would welcome an opportunity to discuss this further with the noble and learned Lord to try to understand why there is such a difference of view about it.
Data Protection Bill [HL] — House of Lords, 2017-11-06
Topic: Mixed Topics
Robert Skidelsky (Crossbench, Unknown): I should like to make just one point. The noble and learned Lord, Lord Keen, came close to admitting that to put IPSO in the Bill was a mistake—I say came close to admitting—whereas it would have been perfectly all right to have just said, "the editors’ code". There is something there to discuss, because if you call it the IPSO editors’ code, that looks as if you are favouring a particular organisation, rather than a code. The code is owned by the newspaper publishers; it is their code; we need to take that into account. It is less obnoxious just to have "the editors’ code", than to have an organisation named in the Bill as the effective carrier of that code. I do not know whether the noble and learned Lord is willing to consider leaving out mention of the organisation. If so, it would be interesting to discuss how best to do that. I may come back to this on Report, but thank him very much for his speech.
Data Protection Bill [HL] — House of Lords, 2017-12-11
Topic: Civil Rights
David Pannick (Crossbench, Unknown): My Lords, the Minister said that Amendment 1 is designed to provide reassurance that existing EU law rights are fully protected under the Bill. I, too, welcome the Minister’s assurance that further work will be done on this amendment prior to Third Reading. I will suggest four points that need to be considered and included in this amendment First, subsection (1)(a) of the proposed new clause refers to the need for data "to be processed lawfully", but it does not refer to the obligation under Article 8.2 of the charter for data also to be processed fairly. That needs to be included Secondly, Amendment 1 does not refer, in subsection (1)(b), to the right to have personal data rectified. Again, that right is conferred by Article 8.2 of the charter Thirdly, the government amendment uses weak language in subsection (2), which says that, "the Commissioner must have regard to", and uses "taking account of". The Minister will know that Article 52 imposes a much tougher standard for limitations. It is a test of necessity, which is echoed in Amendment 2 in subsection (6) Fourthly, government Amendment 1 makes no mention of the principal of proportionality. Again, that is an important element of Article 52.1 of the Charter, which, again, is mentioned in Amendment 2 If the objective of the government amendment is to echo the rights that are currently enjoyed under the charter, these issues need to be further considered and, I hope, can be included in the redrafted Amendment 1 that the Government will bring forward at Third Reading.
Data Protection Bill [HL] — House of Lords, 2017-12-11
Topic: Other
David Pannick (Crossbench, Unknown): Does the Minister also agree that a further answer to the points made by the noble Lord, Lord Faulks, and the noble and learned Lord, Lord Mackay of Clashfern, is that it is absolutely inevitable that the detailed provisions of the Bill will be, on occasion, the subject of dispute, uncertainty and litigation, and that it would be very helpful to have a statement of principle on what is intended at the commencement of the Bill? This would not be the first time that a Bill has done that. Everybody would then know what the principles were. Of course, the Minister still needs to consider before Third Reading what that statement should be, but that is the point, as I understand it, of government Amendment 1.
Data Protection Bill [HL] — House of Lords, 2017-12-11
Topic: Other
David Pannick (Crossbench, Unknown): As I understand them, both the noble Lord, Lord Faulks, and the noble and learned Lord, Lord Mackay, doubt the need for any amendments of this sort. I am suggesting to the Minister that there is a real need for a statement of principle—that is all.
Data Protection Bill [HL] — House of Lords, 2017-12-11
Topic: Mixed Topics
Narendra Babubhai Patel (Crossbench, Unknown): My Lords, I will comment on Amendments 3, 4 and 5. The Minister and the noble Baroness may well feel that I do not give up, and I agree: I do not. I of course understand clearly what the Government are trying to do with the amendment from the noble Baroness, Lady Royall of Blaisdon—that they have agreed to get that into the Bill. It is helpful to know that public bodies need to be defined as such when they are processing data for tasks that are not defined as tasks in the public interest. This opens up the possibility of their instead using legitimate interests as a legal basis under some circumstances: for example, as has already been mentioned, for universities contacting alumni for fundraising purposes My point is different: universities and their research activities and how that is recognised, which we discussed. Here, it is more pressing to be clear on what counts as a task in the public interest, since public bodies will need to determine which legal basis is appropriate to the processing they are undertaking in different circumstances. For example, is research conducted in universities a task in the public interest, in which case the university would be considered as a public body for the purposes of the Bill, or is it not? In the latter case the university is not a public body for research purposes, and the research is therefore conducted on the legal basis of legitimate interest These differences matter, particularly as the GDPR requires data controllers to be clear on the legal basis they are using. How are public bodies such as universities to make this determination? The clearest answer would be, as I indicated in Committee, that the ICO gives guidance. I understand that the Government cannot direct the ICO to give guidance, so a way needs to be found to clarify which tasks fall under the public interest basis, specifically using the example of university research to provide that clarity. I would be grateful if the Minister commented on that.
Brexit Negotiations — House of Lords, 2017-12-11
Topic: Immigration
David Hugh Alexander Hannay (Crossbench, Unknown): My Lords, can the Minister respond to one point that occurs to me very sharply? The statement that nothing is agreed until everything is agreed seems to apply to all three pillars of this first-phase agreement. Is it really conceivable that the Government will take away the agreement that is reached on the status of EU citizens here and our citizens across Europe if there is no agreement? Is it their position that they will remove that? If that is the case, what assurance is being given to those 4 million citizens since they will then know that they will not have clarity until the last minute of the last hour of the last day of the negotiations Secondly, on the Irish issue, could not the Minister perhaps apply a common-sense rule which is that the text, it seems to me, states clearly that if there is no agreement, the regulatory alignment will apply in order to avoid a hard border? Is that the position, or is it also subject to being taken off the table if no agreement is reached?
Brexit Negotiations — House of Lords, 2017-12-11
Topic: Mixed Topics
John Taylor (Crossbench, Unknown): My Lords, having been through the agony of the negotiations on the Belfast agreement, I have every reason to know what the phrase "nothing is agreed until everything is agreed" means. There are two things about the border: one is the movement of people and the other is the movement of trade. Trade must obviously be retained until the next stage of the negotiations with Brussels, but in so far as the movement of persons and the reference to the common travel area are concerned, can the Minister assure me that the thousands of Irish citizens who are EU citizens and who move into the United Kingdom because they want all the benefits of being British will continue to have those benefits under the common travel area?
Brexit Negotiations — House of Lords, 2017-12-11
Topic: Civil Rights
David Pannick (Crossbench, Unknown): My Lords, the agreement envisages that our courts will have a discretion to refer cases about citizens’ rights to the European Court in Luxembourg. Do the Government intend that legislation will provide any guidance to our courts as to how they should exercise this discretion? If the Government do not provide guidance, our courts will be required to decide issues of very considerable political sensitivity.
Brexit Negotiations — House of Lords, 2017-12-11
Topic: Civil Rights
Simon Denis Brown (Crossbench, Unknown): My Lords, I welcome the fact that over the next eight years, our courts will be able, in the event of dispute as to citizen’s rights, to refer the case to the ECJ for interpretation. But are there any circumstances in which the Minister could foresee that, having obtained such an interpretation although the case itself would be determined by the UK courts, they could actually refuse to follow it?
Data Protection Bill [HL] — House of Lords, 2017-12-11
Topic: Domestic Commerce
Charles Hay (Crossbench, Unknown): My Lords, I am very grateful to the Minister for that news on those government amendments. It is very helpful and will prevent a lot of insurers having to redo their administrative systems. I shall speak to Amendments 25 and 26, which are another pair of insurance amendments. I declare my interests as set out in the register of the House, particular those in respect of the insurance industry I thank the noble Lord, Lord Clement-Jones, who has been very helpful. He brings great clarity at all times of day to our discussions. Although he is the chairman of the Artificial Intelligence Select Committee, his intelligence is far from artificial and is most helpful. Also, I see the Bill team over there. They have been excellent. Given the amount of fire coming in they are very calm, collected and user-friendly. I thank them for everything they have done so far on the Bill. The Lloyd’s Market Association, the British Insurance Brokers’ Association and the Association of British Insurers, among other insurance associations, have helped in the preparation of some of these remarks. The insurance industry is trying to deliver products in the public interest. Indeed, some major classes of insurance, such as motor insurance and employers’ liability insurance, are compulsory. There is a long list of other insurances that are quasi-compulsory. For instance, one cannot get a mortgage without buying household insurance. It is greatly to society’s benefit that a wide choice of good products is available at a reasonable price.
Data Protection Bill [HL] — House of Lords, 2017-12-11
Topic: Other
Simon Denis Brown (Crossbench, Unknown): My Lords, I am most grateful for the reassurance given to us by the Minister. On the basis that all these matters will be brought back in some shape or form at Third Reading, I beg leave to withdraw the amendment.
Data Protection Bill [HL] — House of Lords, 2017-12-11
Topic: Civil Rights
Merlin Hay (Crossbench, Unknown): My Lords, I will say a couple of things on this in full support of the proposition made by the noble Baroness, Lady Neville-Jones. These issues are very complicated. We tend to try to brush them aside and hope that they will be dealt with by the person who is enforcing and regulating. But that can be dangerous, because they will find it very difficult as well, and sometimes, if you do not have the intention in the Bill, it may just not happen This is important because, although I fully support the intention and objectives of the GDPR in the Data Protection Bill in front of us, which is there for all the right reasons, we have to be careful not to throw out the baby with the bathwater. This is one of those instances where, in trying overzealously to introduce a rules-based system in a complex world and a complex society, you find unexpected consequences. Some of them cannot be defined terribly easily in regulation, but I think it would be wise to put this in an amendment We in this House tend to think in principle much more than another place. To try to deal with this in another place when it gets there may be unwise in case they run out of time. It would be good to put something in the Bill in this House at Third Reading, if the Minister were so minded, and I would wholeheartedly support that.
Data Protection Bill [HL] — House of Lords, 2017-12-11
Topic: Mixed Topics
Narendra Babubhai Patel (Crossbench, Unknown): My Lords, I have already spoken on this at length and I do not intend to repeat myself, but I support the amendment from the noble Baroness, Lady Neville-Jones. This is a very important database. It is not just national but international, and it is difficult to collect. That is why I am glad that an accommodation has been made to support the amendment.
Data Protection Bill [HL] — House of Lords, 2017-12-11
Topic: Civil Rights
Simon Denis Brown (Crossbench, Unknown): My Lords, this pair of amendments, like the earlier group that I proposed, promoted by House officials, concerns another aspect of parliamentary privilege. Unlike the earlier group, these amendments have failed thus far to attract the support of the Bill team and government. Also unlike the earlier group, they relate only to this House, and not the House of Commons. But I shall have to address the issue at a marginally greater length than previously As will readily be apparent from the text of the two amendments, they propose that, with regard to a particular aspect of the processing of sensitive personal data, a Member of this House should be treated in the same way as a Member of the other House—or, for that matter, as Members of every other elected body in the country down to the smallest local authorities. There are really compelling reasons why in this context we should be treated on the same basis as elected representatives I begin with two acknowledgements. First, I readily concede that, unlike all the other representatives in public life, Members of this House are not elected. I put aside the Minister’s observation in Committee that he speaks as an elected Member, "albeit with a fairly small electorate".—[Official Report, 13/11/17; col. 1818.] Secondly, I recognise that the Bill as drafted would essentially continue the position that has existed for the past 15 years, established under the Data Protection Act 1998 by secondary legislation in a ministerial order which followed in 2002 The benefit of the particular provisions in Schedule 1 to the Bill which we are now seeking to amend by our proposed inclusion of Members of this House is that it would better enable elected representatives by dispensing in certain limited circumstances with the need for the express consent of the data subject to campaign on behalf of individuals.
Data Protection Bill [HL] — House of Lords, 2017-12-11
Topic: Other
Simon Denis Brown (Crossbench, Unknown): I am grateful to the noble Baroness, who puts forward a dimension to the problem that she is much more alive to than I am. However, there it is. I urge the Minister to reread these speeches and, in the meantime, I have no option but to beg leave to withdraw the amendment.
Data Protection Bill [HL] — House of Lords, 2017-12-13
Topic: Mixed Topics
Merlin Hay (Crossbench, Unknown): My Lords, this amendment has a lot of merit. For some time I have been discussing with certain people who know an awful lot about this, as has the noble Lord, the concept of agency: having control over your own information. It is a very important concept because the GDPR and the Bill are all about data processors looking after your stuff for you, but the real issue is having control over things that affect you. Why, if people are using it to make money out of you or on your behalf, should you not sell them that control in return for better access There are many issues around this that might suit a modern world in which your data can be useful, but to you, so that data processors do not just mine it and use it for their own purposes—you have control over it. This amendment has a lot of merit because it gives a foundation for us to start researching this. There is no compulsion here, but it could move us down a line whereby the data subject—the person in the street— suddenly gets some control over what happens when people research things for their own good. We are going to have to give away our location and other things to use most of these apps, so why can we not also control that and decide how to sell it to other people and benefit from it ourselves?
Data Protection Bill [HL] — House of Lords, 2017-12-13
Topic: Mixed Topics
Beeban Kidron (Crossbench, Unknown): I, too, support the amendment. I raised this issue at Second Reading and pointed to the work of the ethics committee of the IEEE, which has done a lot of work on this. This is not as blue sky as the noble Lord suggested; this is indeed the direction of travel.