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Proceeding contribution from Julian Huppert (Liberal Democrat) in the House of Commons on Tuesday, 22 July 2014. It occurred during Debates on delegated legislation on Electronic Communications.


Electronic Communications

I will speak to the regulations only briefly. I think that there are a couple of points worth making. It is interesting to compare the debate we are having now with the one in 2009. Back then, no time at all was given to discuss the regulations, which were moved without debate by the hon. Member for Kingston upon Hull North (Diana Johnson). Some Members who have expressed concern about these regulations voted in favour of the previous ones, even though they covered rather more. There was a debate in a Committee that lasted for 62 minutes, and it is very interesting to see how roles have changed. The hon. Member for Gedling (Vernon Coaker), who was then the Minister, said that they did not go far enough and that we needed to collect much more information from communications providers—he mentioned Facebook, but we can date the debate by his references to Bebo and Myspace as the other key providers. He was essentially calling for the Communications Data Bill—the snooper’s charter—that part of the Government, or at least the Home Secretary, wanted to see.

In 2009 there was also a very nice speech from the hon. Gentleman who is currently the Minister. He took a very strong stance that RIPA should be used only to combat serious crime and for the protection of national security. I do not know whether he has told the Home Secretary that that is the Conservative position, because it seems to have changed somewhat—we have moved on

very slightly. We also heard my right hon. Friend the Member for Carshalton and Wallington (Tom Brake) saying, “Yes, communications data are important, but we need some more safeguards.” In fact, the safeguards he itemised have largely been delivered in these new regulations, so I am glad that we have made progress.

There is concern, as expressed in the debate we had last week and by the public, about the idea that more information could be collected. For example, there is a concern that this could open the door to the collection of web logs and many other elements. It is worth having a look at the schedule to these regulations, which lists all the things that can be collected, and comparing it with the previous regulations. They are exactly the same—not a single word in the current regulations was not in the regulations introduced five years ago. On that basis, it is fairly clear that there are no new powers and that no new information—web logs, for example—can be collected.

However, there have been a number of other changes. The Minister highlighted the fact that we have taken the opportunity to move from saying that all data must be collected for 12 months to saying that it must be collected for up to 12 months. I very much welcome that, because I think that there are a lot of data that can be of great use the next day, the next week or perhaps the next month, but which are not needed for the full 12 months. We also have—I do not think that the Minister referred to this—a higher standard of data integrity and security required. The wording has been changed from requiring data to be stored in a way that is as good as it had been stored to requiring the best that is available, so the requirement for data integrity and security is actually tighter. Of course, the Secretary of State is required to keep that under review.

The one thing that there is not enough of—this is why I am pressing the Minister—is the idea of transparency. I want him to ensure throughout that as much information as possible is available. He and I have discussed how long the data can be kept for and how much of it is used in the 11th month available and so forth. That information must be available for all usages throughout the year so that we can make the right decisions. Wherever we draw the line, there will be some information on the other side of it. We want to make an informed and rational decision. I hope that he will ensure that all the notices make sure that those data are collected, as the interception of communications commissioner has also called for.

These regulations represent a step forward from the previous regulations. They collect no new information, but they tighten it very slightly. I hope that the House will pass them so that we can continue to collect the data that protect our security, with that slight extra tweak on civil liberties.

2.48 pm


Secondary information

Type
Proceeding contribution
Reference
584 cc1287-8 
Session
2014-15
Chamber / Committee
House of Commons chamber
Subjects
Disclosure of information Databases Codes of practice Criminal investigation Court orders Telecommunications Reviews Interception of Communications Commissioner
Legislation
Data Retention Regulations 2014
Link
View this Proceeding contribution on www.publications.parliament.uk