I am saying, specifically on Clause 1, that separating the identifiability of children and the identifiability of adults would be detrimental to both but particularly, in this instance, to children.
Amendment 9 would ensure that children’s data is included in the definition of special category data and is subject to the heightened protections afforded to this category of data by Article 9 of the UK GDPR. This could have unintended consequences, because the legal position would be that processing of children’s data would be banned unless specifically permitted. This could create the need for considerable additional legislation to exempt routine and important processing from the ban; for example, banning a Girl Guides group from keeping a list of members unless specifically exempted would be disproportionate. However, more sensitive data such as records relating to children’s health or safeguarding concerns would already be subject to heightened protections in the UK GDPR, as soon as the latter type of data is processed.
I am grateful to the noble Baroness, Lady Kidron, for raising these issues and for the chance to set out why the Government feel that children’s protection is at least maintained, if not enhanced. I hope my answers
have, for the time being, persuaded her of the Government’s view that the Bill does not reduce standards of protection for children’s data. On that basis, I ask her also not to move her Amendment 290 on the grounds that a further overarching statement on this is unnecessary and may cause confusion when interpreting the legislation. For all the reasons stated above, I hope that she will now reconsider whether her amendments in this group are necessary and agree not to press them.