My Lords, not for the first time in her distinguished career in this House, the noble Baroness, Lady Howe, has asked some pertinent questions, the answers to which I look forward to. First, however, I pay tribute to the noble Baroness, Lady Kidron. It is quite often difficult for a parliamentarian to know whether they have made a difference; we all get swept up in the tide of things. However, I have looked at the Bill as it has moved through both the other place and here, and without her intervention, her perseverance and her articulate exposition of the case, we would not be where we are today. She should take great credit for that.
In some respects, there is a sense of déjà vu. I am glad to see the noble Lord, Lord Puttnam, in his place; I was on his committee 15 years ago which looked at the Communications Act and the implications of what were then new technologies. However, looking back, the truth is that we had only an inkling of the tsunami of technology that was about to hit us and how we would control it. There are some things that we might have done during the passage of that Bill to anticipate some problems that we did not do. However, it is always difficult to know the future. Indeed, of all the
things I have had a bit to do with, the creation of Ofcom is one that I take great pride in. For all its problems, Ofcom has proved itself a most effective regulator, and these days it seems that it is asked to do more and more.
That brings us to what is being suggested with the ICO. It is extremely important that the ICO is given the resources, the teeth and the political support to carry out the robust tasks that we are now charging it with. That was not thought of for the ICO when it was first created. We are therefore creating new responsibilities, and we have to will the ends in that respect.
One of the good things about the amendments in the name of the noble Baroness, Lady Kidron, is that this is beginning slightly to impinge on the tech companies—they cannot exist in a kind of Wild West, where anything goes. I think I said at an earlier stage that when I hear people say, “Oh well, the internet is beyond political control and the rule of law”, every fibre of my being as a parliamentarian says, “Oh no it’s not, and we’ll show you that it’s not”. This is a step towards making it clear to the tech companies that they have to step up to the plate and start developing a sense of corporate social responsibility, particularly in the area of the care of children.
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I share with the noble Baroness, Lady Harding, the confidence that with these new technologies we have an enormous potential for good. However, the jury is still out on whether we will create a civilised space or not. It would depend on how we legislate, what powers we give to the regulator, which we give teeth to, and on how smart the tech companies are in responding to this genuine public concern. If they do not understand that people are concerned, and that once they get concerned they will get angry, they will diminish their opportunities to play a constructive role in what can be a quite transforming technological revolution, which we are about to experience.