Lord Hanson of Flint (Lab)

I hope I can answer the questions from the noble Lords on the Liberal Democrat Benches and the Opposition Front Bench. I can say to them, on the amendments we have brought forward today, that the measures in them apply only to the terrorism and state threats prevention and investigation measures, as well as the new youth diversion orders. There are safeguards on what type of data the police are allowed to access. For example, there are limitations on accessing information which might include legally privileged material. In a similar way to accessing local data on a device, nothing in this legislation changes the existing duties on the police imposed by the Data Protection Act 2018. UK legislation offers important safeguards for law enforcement in processing that personal data. That includes the requirement not to retain personal data longer than necessary. It also includes that the police may come across information that is not directly relevant to their investigation and, in such circumstances, the police aim to mitigate the risks of collateral intrusion on people’s privacy, by focusing on the information. There will be a similar approach adopted for the measures that I put down in the amendment today. We are also working with the police on plans to implement those new youth diversion orders. As part of that, the police will have their own operational procedures and data protection impact assessments. As I said already, the legislation does not affect any existing duty on police forces that is a fundamental part of the Data Protection Act 2018. I hope that will help the noble Lords, Lord Clement-Jones and Lord Davies of Gower. Again, I just remind the Committee that it is only in the specific cases of the two types of order—youth diversion and, effectively, the TPIM-type order that we have under existing legislation—so it is a relatively small number. I hope that, with those protections, the noble Lords can allow the Committee to agree the amendments today.