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Trust Us, We’re Politicians! MPs Seek Exemption From Data Protection Laws

Ross Kelly

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IoT Security UK Gov

MPs are currently debating exemptions in the Data Protection Bill could open citizens’ data up to Cambridge Analytica-style profiling by Britain’s political parties – or anyone they care to nominate…

The Cambridge Analytica affair has raised serious questions about the way in which our data is passed between big business and government; yet despite this, Westminster parties are set to delve deeper into our personal lives.

One may ask ‘why?’ for they already possess incredible amounts of our data. The answer is simple; they want to know if you’ll vote for them.

Information gained last week by The Independent details how parties from both sides of the political divide are working together to introduce intrusive data gathering legislation through certain aspects of the Data Protection Bill, enabling them to carry out extensive profiling of British citizens’ ideological beliefs and target us with targeted and specific political messages.

What is the Data Protection Bill?

The Data Protection Bill was published in September 2017 and is the biggest transformation of British data protection law in 20 years. With the new, even stricter GDPR implementation looming in May, the focus on consumer rights, the right to privacy and giving the public control of their personal information has never been stronger.

Except for the UK government, who’d very much like to make sure they (or their nominated representatives) can continue to mine your data for their own purposes

What Are They Trying to Pull?

The new legislation, which is set to pass within a matter of weeks, will allow political parties to grant themselves exemption from certain aspects of the new data laws. Their argument is that they have a right to canvas prospective voters and so accessing personal data through fundraising, surveys and various forms of casework is an integral aspect of their preparatory work during election cycles.

This will apply not only to Members of Parliament in Westminster but also to MSP’s in Scotland, as well as representatives in Northern Ireland and Wales – local councillors across the UK are also included. In fact all ‘elected representatives‘, or more ambiguously  ‘a person acting with the authority of such a representative‘ are allowed access to data; potentially leaving the door open for companies like the now notorious Cambridge Analytica to further meddle in voter data.

Who’s Behind This?

All of our elected representatives are apparently in favour of making themselves a special case. The bill has gained cross-party consensus with the Conservatives, Labour and Liberal Democrats all supporting the new legislation.

Is This Any Different to Cambridge Analytica?

The issue here lies in the terminology. The law will state that data cannot be processed if it incurs ‘substantial damage or distress’ to the individual, or if they have actively opted out. Critics of this argue, however, that the Cambridge Analytica scandal proves even basic data can be used to establish key traits in your personality or beliefs, such as your taste in music or film.

This is a point that Willie Sullivan of the Electoral Reform Society was keen to raise, and argues that the use of such data processing techniques by British political parties is indeed no different to Cambridge Analytica-style data abuse. Your data is valuable and citizens “shouldn’t have to live in fear of our personal information being misused – whether for political or financial gain.”

Although political parties will be carrying out operations not too dissimilar to their standard procedures during elections, the argument is that this appears rather hypocritical in nature while the Cambridge Analytica scandal unfolds. On one hand, the government has declared its intention to crack down on nefarious data harvesting techniques, but is actively utilising similar techniques to get inside your life – All for your loyalty at the ballot box.

Subverting Democracy

Across the Atlantic such techniques were clearly used to gain advantage during the 2016 US Elections, and according to Willie Sullivan we should be wary of similar practices here in the UK, for they diminish not only our rights, but the strength of our democracy.

Placing such power in the hands of Britain’s politicians is neither wise nor responsible.

“When power is concentrated in too few hands it can be used to subvert our democracy.

“Unregulated activity online can mean overbearing control for a small number of organisations which itself poses a significant threat.”

Does This Conflict With GDPR?

Privacy rights group, Big Brother Watch, released a statement last week criticising the bill’s lack of compliance with GDPR, primarily focusing on consent of the individual.

With such huge amounts of data present in the world, the use of automated decision making systems (profiling) to intrude into people’s lives is increasing. It notes that under the previous Data Protection ACT (1998) and incoming GDPR legislation, people are granted the right not to be subjected ‘purely automated decision-taking’. 

GDPR adds further safeguards for the individual against such profiling. However, according to Big Brother Watch the ‘Data Protection Bill currently fails to provide sufficient safeguards for data subjects’ rights’ and political parties’ exemptions to the safeguards outlined in the Data Protection Bill are a frivolous attempt to circumnavigate the legislation for their own purposes.

 

 

Ross Kelly

Staff Writer & Researcher

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