My Lords, we have Amendments 55 and 56 in this group, and my name is also to Amendment 154 in the name of the noble Baroness, Lady Meacher.
From the moment the Data Protection Bill, as it was, arrived in this House, we opposed paragraph 4 of Schedule 2, which exempts data processed for purposes relating to “effective immigration control” from the protection provisions. Our reasons range from the ethical, for instance, solicitors being unable to obtain what the Home Office knows or thinks it knows about a client; to the humanitarian, for instance, deterring asylum seekers from seeking assistance to which they are entitled; to the practical, for instance, there are obvious implications for public health if people seek to stay under the radar.
The vulnerability of migrants subjected to domestic abuse is recognised by the commissioner-designate, and we have more amendments to come on different issues. It is recognised by Her Majesty’s Inspector of Constabulary and Fire & Rescue Services, who has recently said:
“Victims should have every confidence in approaching the police for protection. They should expect and receive protection at times when they are vulnerable and so desperately need the assistance of the agents of the state. Victims should never be in a position where they fear the actions of the police could unintentionally but severely intensify their vulnerability and thereby strengthen the hands of organised criminals and others whose motives and objectives are to inspire fear and do them harm.”
There is an obvious read-across from that. The vulnerability and fragility I mentioned are also recognised by the Government, but by way of a pilot.
As well as the stand-alone proposed new clause, which is Amendment 154, it seems to us necessary to address the issue in the specific clause regarding disclosure of information both by and to the commissioner. Patient information is dealt with; nothing requires or authorises its disclosure, and that is right. Nothing requires or authorises disclosure that would contravene data protection legislation. That does not preclude processing—the term used—of personal data for
“the investigation or detection of activities that would undermine the maintenance of effective immigration control.”
We very much support Amendment 154, whose authors have thought through many aspects of this. They urge that we do not put the commissioner in a position where information may not, out of fear, be confided in her, or where she is required to disclose immigration information. As so often happens when one returns to an amendment, I can see Amendments 55 and 56 might be more nuanced and detailed, but it is important, at this point, to get the matter on to the table. I beg to move Amendment 55.