Commons Sense

House of Commons · Ministers' Questions

Covid-19: Civil Liberties

Tuesday 28 April 2020 · 4 questions

Summarised by AI from the official record, so it can contain mistakes.

Read the full transcript on Parliament.uk

At a glance

Answered 0 Partly answered 4 Not answered 0

Key points

  • The Attorney General stated that the contact tracing app will be compliant with data protection and will not store private identifiable information.
  • The Solicitor General confirmed that stakeholder engagement, including consultations with an ethics advisory board, has been crucial in developing the app.
  • The Government reportedly chose a centralised data-gathering system for the NHS contact tracing app, despite suggestions from the Information Commissioner for a decentralised approach.

Topics (select to filter)

Questions & Answers

Q1 Afzal Khan Lab Manchester Rusholme
NHS
Context

The question concerns discussions about the impact of the NHS contact tracing app on civil liberties following a government focus on testing, tracing and containing coronavirus.

Question

I welcome the Government's new focus on testing, tracing and containing the coronavirus. However, does the Attorney General agree that the legal basis for processing personal data by such an app should be set out in legislation and that this should include a measure that ensures the app stores data in a decentralised manner?

Answer from Michael Ellis

I am very pleased that the hon. Gentlemen is supportive of the contact tracing app. It is very important because everyone will benefit from the app. There will be no private identifiable information on it. The whole process will be compliant with data protection and there will be an ethical advisory board monitoring it.

Partly answered

Not addressed: The legal basis for processing personal data by legislation and decentralised storage of data

How: Compliant With Data Protection, Ethical Advisory Board

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Q2 Afzal Khan Lab Manchester Rusholme
NHS Standards & Ethics
Context

Concerns about the legal framework supporting the NHS's coronavirus contact tracing application are raised, particularly regarding public trust.

Question

We support the development of the app which could be central to lifting lockdown measures. However, to ensure effectiveness and public trust, will the Solicitor General confirm that the legal basis for processing data under the app will be set out in primary legislation? Will he also confirm compliance with GDPR both now and after Brexit?

Answer from Michael Ellis

I welcome the hon. Lady to her place. Stakeholder engagement in this matter has been crucial, including consultations with the ethics advisory board for the app chaired by Professor Sir Jonathan Montgomery. In this country we trust our NHS with our data and the app will be heavily protected.

Partly answered

Not addressed: Legal basis and GDPR compliance after Brexit

How: Trust In Nhs, Ethical Advisory Board

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Q3 Ellie Reeves Lab Lewisham West and East Dulwich
NHS
Context

The Information Commissioner has advised that contact tracing should initially involve decentralised systems. This exchange examines why the government may have opted for a centralised system despite this advice.

Question

The Information Commissioner said that 'the starting point for contact tracing should be decentralised systems.' Why have the Government apparently gone against this and reportedly chosen a significant centralised data-gathering system?

Answer from Michael Ellis

The app is being developed with expert assistance from various sources, and civil liberties and privacy are crucial. Data will not be held longer than necessary. We want people to trust it to protect the NHS and save lives.

Partly answered

Not addressed: Reasons for choosing a centralised data system over decentralised one

How: Expert Assistance, Protecting Privacy

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Q4 Stuart McDonald SNP
NHS Democracy & Elections
Context

The government is considering further options for managing the covid-19 outbreak, including assessing implications on civil liberties such as human rights, equality, and privacy.

Question

What discussions has she had with the Secretary of State for Health and Social Care regarding the effect of the NHS contact tracing app on civil liberties?

Answer from Michael Ellis

Her Majesty's Government are actively considering a range of further options for managing the effect of the outbreak of covid-19. A careful assessment of any implications for civil liberties will be an important part of these considerations.

Partly answered

Not addressed: Specific outcomes or details from discussions on app's impact on civil liberties

How: Considering Further Options, Careful Assessment

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