New clause 2 - Confidentiality
Civil Contingencies Bill
4:45 pm
Mr Richard Allan (Shadow Spokesperson for the Cabinet Office, Cabinet Office; Sheffield, Hallam, Liberal Democrat)
The new clause picks up on some issues that we raised at the start of this Committee—it feels like many weeks ago, but it was not that long—concerning part 1 powers. The hon. Member for Newark is right about the ability for responders to demand information from people and then pass it around between themselves. What might happen with that data remains a matter of concern. We are probably primarily concerned with problems arising with commercially sensitive data, rather than intelligence-sensitive data. The point where there is
greatest danger of leakage, and of upset on the part of a company because its commercial information is in the public domain, is probably when the information about the telephone networks and other utility networks has been demanded and is in circulation. However, personal data about individuals could also be included. If we think about the public health issues that might arise here, such as those raised by communicable diseases, we could be dealing with personal data, and a category 1 responder requesting personal data from another category 1 responder. If they are both health bodies, that data will be incredibly sensitive.
My guess is that the ministerial response will say that this is covered by the Data Protection Act 1998—that tends to be the response to any question concerning the leakage of data—but that is large and all-encompassing and is rarely used. The notion of there being straightforward legal redress—the penalties imposed for the leaking of certain kinds of information—is perhaps not as current as it should be, or as Parliament intended. It remains quite a weak instrument, and the idea that there should be specific reference to sanctions, as proposed in the new clause, in the context of a Bill that gives category 1 responders a power to demand this kind of information is quite healthy. Where, for the public good we are stating that data must be handed over, it is appropriate to say that those people who demand the data have, in Government jargon, responsibilities as well as rights, and their responsibility is a responsibility of confidentiality, backed by sanctions if they step from the path set out for them.