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Parliamentary Debates House of Commons Official Report General Committees PARLIAMENTARY DEBATES HOUSE OF COMMONS OFFICIAL REPORT GENERAL COMMITTEES Public Bill Committee DATA PROTECTION BILL [LORDS] First Sitting Tuesday 13 March 2018 (Morning) CONTENTS Programme motion agreed to. Written evidence (Reporting to the House) motion agreed to. CLAUSES 1 TO 10 agreed to, some with amendments. SCHEDULE 1 under consideration when the Committee adjourned till this day at Two o’clock. PBC (Bill 153) 2017 - 2019 No proofs can be supplied. Corrections that Members suggest for the final version of the report should be clearly marked in a copy of the report—not telephoned—and must be received in the Editor’s Room, House of Commons, not later than Saturday 17 March 2018 © Parliamentary Copyright House of Commons 2018 This publication may be reproduced under the terms of the Open Parliament licence, which is published at www.parliament.uk/site-information/copyright/. 1 Public Bill Committee 13 MARCH 2018 Data Protection Bill [Lords] 2 The Committee consisted of the following Members: Chairs: †DAVID HANSON,MR GARY STREETER † Adams, Nigel (Lord Commissioner of Her Majesty’s † Jones, Darren (Bristol North West) (Lab) Treasury) † Lopez, Julia (Hornchurch and Upminster) (Con) † Atkins, Victoria (Parliamentary Under-Secretary of † McDonald, Stuart C. (Cumbernauld, Kilsyth and State for the Home Department) Kirkintilloch East) (SNP) † Byrne, Liam (Birmingham, Hodge Hill) (Lab) † Murray, Ian (Edinburgh South) (Lab) † Clark, Colin (Gordon) (Con) † O’Hara, Brendan (Argyll and Bute) (SNP) † Elmore, Chris (Ogmore) (Lab) † Snell, Gareth (Stoke-on-Trent Central) (Lab/Co-op) † Warman, Matt (Boston and Skegness) (Con) † Haigh, Louise (Sheffield, Heeley) (Lab) † Wood, Mike (Dudley South) (Con) † Heaton-Jones, Peter (North Devon) (Con) † Zeichner, Daniel (Cambridge) (Lab) † Huddleston, Nigel (Mid Worcestershire) (Con) † Jack, Mr Alister (Dumfries and Galloway) (Con) Kenneth Fox, Committee Clerk † James, Margot (Minister of State, Department for Digital, Culture, Media and Sport) † attended the Committee 3 Public Bill Committee HOUSE OF COMMONS Data Protection Bill [Lords] 4 Public Bill Committee Clause 1 OVERVIEW Tuesday 13 March 2018 Question proposed, That the clause stand part of the Bill. (Morning) The Minister of State, Department for Digital, Culture, Media and Sport (Margot James): It is a pleasure to serve under your chairmanship, Mr Hanson. Clause 1 is [MR DAVID HANSON in the Chair] a signposting overview of the Bill. It is not intended to have any effect other than to help us to navigate such a Lords large Bill; I trust that hon. Members agree that it Data Protection Bill [ ] achieves its purpose. 9.25 am Liam Byrne (Birmingham, Hodge Hill) (Lab): It is a The Chair: Welcome.The annunciators in the Committee pleasure to serve under your chairmanship, Mr Hanson. Room are not working, so we will go by the Hansard Looking around the Committee Room, I see that you clock on my left until they are repaired. I remind have an extremely unruly bunch of hon. Members to colleagues to switch off their mobile phones, and that police in the next couple of weeks, but I know that you tea and coffee are not permitted in Committee sittings. will do so with skill and care. Ordered, The Opposition do not wish to object to clause 1, That— which is basically the foundation stone of the Bill. We wish only to underline the Bill’s peculiarity in that it (1) the Committee shall (in addition to its first meeting at seeks to incorporate a piece of European legislation 9.25 am on Tuesday 13 March) meet— into British lawwithout actually reproducing the legislation (a) at 2.00 pm on Tuesday 13 March; in question. Throughout the debate, we will hear references (b) at 11.30 am and 2.00 pm on Thursday 15 March; to the general data protection regulation—GDPR—a (c) at 9.25 am and 2.00 pm on Tuesday 20 March; text that appears nowhere in the Bill. I hope that over (d) at 11.30 am and 2.00 pm on Thursday 22 March; the coming weeks the Committee will therefore focus on (e) at 9.25 am and 2.00 pm on Tuesday 27 March. a series of principles for data protection. The Opposition (2) the proceedings shall be taken in the following order: will move amendments to enshrine those principles Clauses 1 to 10; Schedule 1; Clauses 11 to 15; Schedules 2 to 4; more firmly into our law.Beyond that, I have no objections Clauses 16 and 17; Schedule 5; Clauses 18 to 22; Schedule 6; to this foundation stone of the Bill. Clauses 23 to 30; Schedule 7; Clauses 31 to 35; Schedule 8; Question put and agreed to. Clauses 36 to 86; Schedules 9 and 10; Clauses 87 to 112; Schedule 11; Clauses 113 and 114; Schedule 12; Clauses 115 and Clause 1 accordingly agreed to. 116; Schedule 13; Clauses 117 and 118; Schedule 14; Clauses 119 to 153; Schedule 15; Clause 154; Schedule 16; Clauses 155 to 181; Schedule 17; Clauses 182 to 204; Schedule 18; Clauses 205 to 208; Clause 2 new Clauses; new Schedules; remaining proceedings on the Bill; (3) the proceedings shall (so far as not previously concluded) PROTECTION OF PERSONAL DATA be brought to a conclusion at 5.00 pm on Tuesday 27 March. Question proposed, That the clause stand part of the —(Margot James.) Bill. Resolved, That, subject to the discretion of the Chair, any written The Chair: With this it will be convenient to discuss evidence received by the Committee shall be reported to the new clause 12— Right to protection of personal data— House for publication.—(Margot James.) “(1) A person (“P”) has the right to protection of personal data concerning him or her. The Chair: Copies of written evidence will be made (2) Personal data must be processed fairly for specified available in the Committee Room shortly. purposes as set out in the GDPR, and in accordance with the provisions, exceptions and derogations of this Act; and on the We now begin line-by-line consideration of the Bill. basis of the consent of P or some other legitimate basis. Mr Streeter—my fellow Chair—and I have selected the (3) The Information Commissioner shall be responsible for amendments for consideration today; the selection list ensuring compliance with the rights contained within this is available in the Committee Room. Amendments that section.” have been grouped for debate are generally on the same This new clause would incorporate Article 8 of the Charter of or a similar issue. Fundamental Rights of the European Union (Protection of personal For the benefit of new Members on the Committee, I data) into the Bill. should say that decisions on amendments are made not necessarily in the order in which they are debated, as Liam Byrne: New clause 12, which I tabled with other shown on the selection list, but rather in the order in Opposition members of the Committee, seeks to achieve which they appear on the amendment paper. Some of something very simple: to incorporate article 8 of the the provisions that we debate today will therefore not be EU charter of fundamental rights into British law. It is voted on until a later day. I will use my discretion to beyond dispute that both sides of the House share the determine whether to have separate stand part debates objective of ensuring friction-free trade with our neighbour, on clauses to which a number of amendments have been the European Union, over the years to come. The role tabled. I am sure it will all become clear in due course. of this Bill in enabling that trade is of fundamental 5 Public Bill Committee 13 MARCH 2018 Data Protection Bill [Lords] 6 significance. Something like 70% of our exports of in this country. This is not something that is necessarily goods and services rely on the smooth transfer of data, party political; this is something on which there is and we know that the European data economy will be strong cross-party consensus. These principles will become worth something like £643 billion by 2020. Despite all all the more important as the EU (Withdrawal) Bill is the efforts of the Secretary of State for International given effect because the Bill has thousands of ideas and Trade, the reality is that the EU data economy, sitting proposals but kills off only one piece of legislation: the next door to us, remains one of the most important, if EU charter of fundamental rights. not the most important, global markets from which we A British tradition helped shape the EU charter of should aspire to profit over the years to come. fundamental rights. We are the country of the Magna One of the great risks of Brexit is that technology Carta and we are the country that helped craft the firms will relocate, which is already beginning to take European convention on human rights after world war place. Many such firms will choose to headquarter in two to ensure there was never a return to the horrors of the Republic of Ireland. It is therefore in everybody’s the 1930s and 1940s. Our lawyers played a fundamental interest that our trade and data protection regimes role in shaping the EU fundamental charter of rights, allow the smooth export of digitally enabled services. I but now, in the EU (Withdrawal) Bill, the Government hope that is not a contentious point. decide to kill off the whole thing. In new clause 12, we propose to incorporate into In killing off the whole thing, and in particular article British law what is, in effect, at the cutting edge of 8—the fundamental foundational right to privacy—we global data protection measures.
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