Immigration, Asylum and Nationality Bill

I will try to recap where I got to, but I was wondering if I might address a couple of points that were raised by the noble Baroness, Lady Anelay, on Amendment No. 62, while I have the opportunity. When the noble Lord, Lord Dholakia, rejoins us, I will be able to deal with the issues he raised. I wanted to say something about the questions of data protection and human rights. I am the Minister responsible for data protection as well. Any disclosures made will have to be in accordance with the Data Protection Act 1998, which requires us to look at the eighth data protection principle subject to exemptions. That means that we have to consider the data protection regimes in other countries. There is quite a wide exemption, which is to do with substantial public interest providers. I would like to look at that with my officials and write to the noble Baroness and the noble Lord, Lord Avebury, specifically on that so that I can cover the points that have been raised. We are considering a draft framework decision on data protection from the European Union, which I will have a meeting about tomorrow. That concerns, for example, the protection of personal data in the police sector. I might have more to say to the noble Baroness and the noble Lord after that meeting and after I discuss with officials how we will consider the eighth data protection principle in that context. Regarding human rights, Section 6 would apply to anyone making a disclosure under the Act, and that would be the most relevant convention right to disclose where Article 8 is engaged. We would have to ensure that there is a legitimate aim under Article 8(2); that disclosure is in accordance with the law; and that any interference is proportionate to the legitimate aim. In both cases those are well engaged, both in data protection and human rights, in disclosure of information in the context of Amendment No. 62. While I am on Amendment No. 62, I shall deal with it in its entirety and then go backwards. We are very mindful—the Committee recognises this—that the partnership that exists between law enforcement agencies has become increasingly important. We were discussing at the justice Ministers’ meeting in Vienna over the weekend the issue of Europol and how we deal with ensuring that data is properly shared but properly stored and looked after. There are issues across the European Union, which I will define in two ways. First, there are states that are concerned about the quality of how information received by a state is looked after and stored and not able to be got at by those who might use it for negative means. Secondly, there are states that have concerns about the sharing of data, perhaps particularly those who not long ago found themselves released from a yoke where data was used consistently as a means of repression, if I can describe it as such. So even across the European Union, there are lots of debates about how to make sure that data is securely and properly shared. If the noble Lord were party to those debates, it would give him great encouragement that those issues are being taken seriously. Those issues are feeding in to the work that we will be doing on the data protection framework decision to make sure that the sharing of data is balanced with data protection at all times. I hope that that gives the noble Lord some encouragement.