I am delighted to take part in this debate on the Data Protection Bill, and it is a pleasure to follow the hon. and learned Member for Edinburgh South West (Joanna Cherry).
In my brief contribution, I will focus mostly on amendment 147, passed by the other place, which would implement section 40 of the Crime and Courts Act in relation to data protection. I am pleased that the Government will seek to overturn it. If it remained, it would be a huge blow to each and every local newspaper in the Scottish borders in my constituency. Under the provision, all newspapers and magazines not signed up to the state-approved regulator would be liable to pay for the other side’s costs in an action for a breach of data protection, whether they win or lose the case. As data touches on virtually every aspect of journalism, a legal action relating to almost any action by our press could be dressed up in a way that would take advantage of this provision.
For all publishers in the Scottish borders, this could have serious consequences. The recently set up Hawick Paper or the community-run Eskdale & Liddesdale Advertiser could not afford to risk a case going to court, given the crippling costs that might be involved. They would have to stop investigating a story, or print an apology for something that was actually true. The alternative would be going to court and possibly paying the costs, even if they were successful. Even the titles backed by the Johnston Press machinery in the borders, such as The Southern Reporter and The Berwickshire News, could face closure if any claims were brought against them. Johnston Press recently announced significant losses, and any further setbacks might result in the loss of further local titles, not just in my constituency, but in many other parts of Scotland. It would be the same for the Borders Telegraph, which covers another part of my constituency in the Scottish borders.
I find myself in the rather, if not extremely, odd position—this might be the only time I can say this—of agreeing with Nicola Sturgeon. Last year, she said in relation to section 40:
“I don't think it’s an exaggeration to say that it would threaten the viability of local newspapers.”
The purpose of the Attlee amendment was to incentivise media operators to sign up to press control in respect of data protection claims. This may well be a laudable aim, but section 40 is a clunky way of achieving it, and amendment 147 was not the appropriate vehicle to address what is a much wider issue, not restricted to data protection.
This Bill is concerned with modernising data protection laws, not press regulation, and there is much to be found in this Bill that is welcome. It is certainly time, in this digital age, for an update of our legislation. Much of the Bill implements the EU’s general data protection regulation, which the UK helped to shape. By adopting it in domestic law, we ensure that businesses are able to operate across international borders as we leave the European Union. We have also exercised our right to derogate from the GDPR on key areas, such as the age of consent and freedom of expression in the media. I believe it strikes the right balance between individual protection and allowing the free flow of data.
I therefore welcome the Bill, and I particularly welcome the intention of the Government to reverse the amendments made in the other place, which I believe would in effect restrict the freedom of the press, and might damage the local press, not only in my constituency, but in many other parts of Scotland.
8.27 pm