Fishburn Hedges

31.01.2011

Following our recent debate on the question of digital privacy, Lord McNally, Minister of State for Justice, outlines the Government’s position on this sensitive issue.

Are you reading this article online? Have you logged into Facebook today or perhaps checked whether your train is on time?

In so many ways, technology has changed the way we go about our everyday lives. From the exciting to the routine, many of the activities and services we now take for granted rely on innovations so entrenched, it is easy to forget they were developed as recently as this century.  Yes, and I do mean the twenty-first century.

The digital age has also heralded a new way of thinking about information. This is an era where people rightly demand transparency of government, and organisations are increasingly viewed as custodians – not owners – of data. Our expectations have also never been higher; we insist on free and efficient streamlined services and tailored content at the push of a button.

But when we access social networking websites or buy a product online, it is inevitable that we part with a certain amount of our personal information. This is why it is vital that our laws ensure our personal data remain protected, valued and not misused. This was the thinking behind the European Data Protection Directive back in 1995 when it set a milestone for the rights and freedoms of individuals in the European Union. Then, as now, fairness, security and proportionality were key principles. The right to protection for your data and the ability to seek redress if it is misused remain as important today as ever, just as the need for effective enforcement has not changed. But at the same time, the challenges of the next fifteen years will not be the same as those of the last.

The European Commission has recognised this, and within the next six months is expected to produce a new legislative proposal on data protection designed to cater for the challenges of a digital age. The British Government agrees, and to ensure that we’re ready for the forthcoming negotiations, we recently carried out a “Call for Evidence”. We sought views on the current data protection law, and more than 160 individuals, corporations, charities, consumer and civil liberties groups responded. The overarching messages were that there must be clear rules about people’s rights and responsibilities, data protection law should as much as possible be future-proofed to allow for further advances in technology, and should not create unnecessary regulatory burdens on businesses. Data protection may seem a dry subject on the surface, but it clearly affects us all – encompassing freedom and safety; enterprise and choice; citizen and state.

In publishing the Coalition Agreement, this Government laid out its big priorities for all to see. We are committed to protecting the rights of individuals, and at the same time we recognise that business is the driver of economic growth, so our legislation must not hamper innovation and legitimate enterprise. What’s more, we will pursue these goals in tandem, not at the expense of one or the other. As we look at the future of data protection law in the UK and the EU, our approach must give individuals confidence that their data will be protected, but also create real benefits for businesses which can demonstrate that they take these issues seriously – and consequences for those that don’t.

The Government’s response to the Call for Evidence was published last week – sharing our findings and setting out what happens next. The evidence which it summarises will be an important tool in preparing for the negotiations due to begin later this year. This EU-wide process may result in changes to the Data Protection Act here in the UK, so it is important that we get this right.  I believe that the evidence we have gathered from people, businesses and organisations from across the country will stand us in good stead as we continue to play a positive role in shaping the future of data protection for the UK and the EU.

Visit our privacy microsite for more discussion