Draft Communications Act 2003 (Disclosure of Information) Order 2024

The Committee consisted of the following Members:

Chair: Derek Twigg

† Anderson, Callum (Buckingham and Bletchley) (Lab)

† Billington, Ms Polly (East Thanet) (Lab)

† Butler, Dawn (Brent East) (Lab)

† Clark, Feryal (Parliamentary Under-Secretary of State for Science, Innovation and Technology)

† Collins, Victoria (Harpenden and Berkhamsted) (LD)

† Dixon, Anna (Shipley) (Lab)

† Griffiths, Alison (Bognor Regis and Littlehampton) (Con)

† Holmes, Paul (Hamble Valley) (Con)

† Jopp, Lincoln (Spelthorne) (Con)

† Law, Noah (St Austell and Newquay) (Lab)

† Murphy, Luke (Basingstoke) (Lab)

† Owatemi, Taiwo (Lord Commissioner of His Majesty's Treasury)

† Spencer, Dr Ben (Runnymede and Weybridge) (Con)

† Waugh, Paul (Rochdale) (Lab/Co-op)

† Whittome, Nadia (Nottingham East) (Lab)

† Wrigley, Martin (Newton Abbot) (LD)

† Yasin, Mohammad (Bedford) (Lab)

Jonathan Edwards, Committee Clerk

† attended the Committee

Third Delegated Legislation Committee

[Derek Twigg in the Chair]

Draft Communications Act 2003 (Disclosure of Information) Order 2024

16:30:00

I beg to move, That the Committee has considered the draft Communications Act 2003 (Disclosure of Information) Order 2024. It is a pleasure to serve under your chairmanship, Mr Twigg. I start by welcoming the shadow Minister, the hon. Member for Runnymede and Weybridge, to his place. I look forward to many encounters with him—we will have another tomorrow. The Online Safety Act 2023 lays the foundations for strong protections for children and adults online, and I thank colleagues for their continued interest in the Act and its implementation. It is critical that the Act is made fully operational as quickly as possible, and the Government are committed to ensuring that its protections are delivered as soon as possible. The draft order will further support the implementation of the 2023 Act by Ofcom. It concerns Ofcom’s ability to share business information with Ministers for the purpose of fulfilling functions of the 2023 Act under section 393 of the Communications Act 2003. It corrects an oversight in the 2023 Act that was identified following its passage. Section 393 of the Communications Act 2003 contains a general restriction on Ofcom’s disclosing information about particular businesses without their consent. It includes exemptions, including where such a disclosure would facilitate Ofcom’s carrying out its regulatory functions or where it would facilitate other specified persons in carrying out specified functions. However, the section currently does not enable Ofcom to share information with Ministers for the purpose of their fulfilling functions under the Online Safety Act, although the 2003 Act does contain similar information-sharing powers in respect of the Enterprise Act 2002 and the Enterprise and Regulatory Reform Act 2013. That means that were Ofcom to disclose information about businesses to the Secretary of State, it may be in breach of the law. It is important that a gateway exists for sharing information for these purposes, so that the Secretary of State can carry out key functions of the Online Safety Act, such as setting the fee threshold for the online safety regime in 2025 or carrying out the post-implementation review of the Act required under section 178. The draft order will therefore amend the 2003 Act to allow Ofcom to share information with the Secretary of State and other Ministers strictly for the purpose of fulfilling functions under the Online Safety Act. There are strong legislative safeguards and limitations on the disclosure of this information, and Ofcom is experienced in handling confidential and sensitive information obtained from the services it regulates. Ofcom must comply with UK data protection law and would need to show that the processing of any personal data was necessary for a lawful purpose. As a public body, Ofcom is also required to act compatibly with the article 8 right to privacy in the European convention on human rights. We will continue to review the Online Safety Act so that Ofcom is able to support the delivery of functions under the Act where appropriate.

16:34:00

It is a pleasure to serve under your chairmanship, Mr Twigg. I welcome the Minister to her place; it is great to be able to serve opposite her as shadow Minister of State. I am sure that colleagues across the House welcome the fact that the Online Safety Act is on the statute book and will want to make sure that its provisions are fit for purpose and can be utilised as soon as possible. This tidying-up order is necessary to resolve the particular lacuna of law that has been discovered with regard to data disclosure. That in itself is uncontroversial. Clearly, there are questions to be asked in respect of ensuring that any data sharing is proportionate and that the confidentiality of data held by businesses is not infringed in fulfilment of the duty to share data with the Secretary of State. What confidence does the Minister have that businesses have an adequate redress mechanism to ensure that any data sharing that occurs under this measure is proportionate and meets the legal criteria, as she set out?

16:36:00

There is far too much illegal harmful activity online, especially on social media, and it impacts women and young children disproportionately. Not only have parents reached out to me, but when I have spoken to young people themselves in schools and the Girl Guides, they have said that it is online harm and bullying that worries them the most. The Government and social media companies must do more to keep people—especially young people and children—safe online. Liberal Democrats respect the right to privacy and freedom of expression for those who use these platforms legally and responsibly, but bullying and abuse must be stamped out. We therefore welcome this measure to update legislation so that Ofcom can fulfil its duties. We just want to ensure that, while doing so, it protects the right to privacy; that codes of practice can be used to innovate, or to push companies to further innovate, so that we can protect people online; and that education for those who can be upskilled to understand how to protect themselves from online harms forms part of the bigger picture. I thank the Minister for introducing the draft order, which we will support.

16:37:00

I thank the shadow Minister and the Liberal Democrat spokesperson for their comments. The Government are committed to the effective implementation of the Online Safety Act. It is crucial that we remove any barriers to that, as we are doing with this draft order, which will ensure that Ofcom can co-operate and share online safety information with the Secretary of State where it is appropriate to do so, as intended during the Act’s development. The shadow Minister asked about proportionality. There are safeguards around the sharing of business information. Section 393 of the 2003 Act prohibits the disclosure of information about a particular business that was obtained using powers under certain Acts listed in the section, except with consent or where an exception applies. Ofcom is therefore restricted in disclosing information obtained using its powers to require information and other powers under the Online Safety Act, except where an exception applies. Ofcom is an experienced regulator and understands the importance of maintaining confidentiality. It is also a criminal offence for a person to disclose information in contravention of section 393 of the 2003 Act, including to the Secretary of State. The Liberal Democrat spokesperson asked about the Online Safety Act’s implementation. On 17 October, Ofcom published an updated road map setting out its implementation plans. Firms will need to start risk-assessing for illegal content by the end of the year, once Ofcom finalises its guidance. The illegal content duties will be fully in effect by spring 2025, and Ofcom can start enforcing against the regime. Firms will have to start risk-assessing for harms to children in spring 2025, and the child safety regime will be fully in effect by summer 2025. I hope that the Committee agrees with me about the importance of implementing the Online Safety Act and ensuring that it can become fully operational as quickly as possible. I commend the draft order to the Committee. Question put and agreed to.

16:40:00