Proceeding contribution from James Brokenshire (Conservative) in the House of Commons on Monday, 26 January 2009. It occurred during Debate on bill on Coroners and Justice Bill.
Coroners and Justice Bill
I will not give way, unfortunately. The Bill seeks to justify some of the big databases that the Government propose to create. To my mind, this underlines a new concept for the Government in the creation of large databases and the storing of information at potential risk. They seem to be saying that in order to deliver services, they need to know almost everything. That is what is driving the creation of these databases. However, if that information is already at risk, because of the honeypot effect that makes it vulnerable to attack by cybercriminals and those who want to use it to perpetrate cybercrime—one of the fastest-growing kinds of crime in the country—we need robust measures to ensure that those data are properly protected. If we then factor in the idea that the data will be shared with other agencies for those specified purposes, the chain is only as good as its weakest link. Information may have been provided to a particular agency in the knowledge that data protections would be in place in that area, but if it is then shared with other agencies, the standard of vigilance and the standard of data protection may not be as high. That alone shows how data sharing may create a further risk of cybercrime. Equally, there is the issue of insider risk in terms of the integrity of the information, where it resides, and the role of individuals who may take the information and sell it on for their own personal gain to those who may wish to misuse it. Because we are going down this route, those activities may make us all less safe as individuals, which shows why this whole approach needs to be considered very carefully. It also shows why it is so important that the definition of what information is used for, and to whom it is provided, is framed in primary legislation. As currently framed, it seems as if this law will enable the Government to drive a coach and horses through fundamental legislation, including the Data Protection Act itself, and the protections encompassed within it. To my mind, that simply cannot be right. If those provisions remain as they are, it is difficult to see how they can possibly be acceptable. On my reading of the Bill, it seems not only to allow the transmission of information between Government Departments, but to envisage that the information could, if it were serving a certain purpose, be transferred outside the UK—even though normal protections in the Data Protection Act would ring-fence it within the EU. With the Government asking for that information and those rights, it almost comes down to a question of trust: do we trust the Government to use them appropriately? Sadly, the Government's record in holding our data, securing them and making sure that they are not misused is not good. The trust that we have put in the Government to do that has been misplaced. Until we can have confidence in how our data is stored, how it is used and how standards are maintained—and, as I believe they should be, raised—many people will ask, ““Why should we trust the Government to receive those wide-ranging powers if at this stage we cannot even trust them to keep our information secure?”” Until the Government can answer that question, they need to go away and think again.
Secondary information
- Type
- Proceeding contribution
- Reference
- 487 c112-3
- Session
- 2008-09
- Chamber / Committee
- House of Commons chamber
- Subjects
- Children Disclosure of information Data protection Bail Administration of justice Armed forces Death Certification Coroners Juries Electronic surveillance Homosexuality Evidence ICT Incitement Homicide Health professions Internet Discrimination Ethnic groups Freedom of expression Personal records Prisons Mental capacity Pornography Offences against children Sentencing Registration Young people Security Witnesses Victims Technology Suicide Sentencing Council for England and Wales Information sharing
- Legislation
- Coroners and Justice Bill 2008-09
- Link
- View this Proceeding contribution on www.publications.parliament.uk
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