Government vows action to enable harassment victims to delete malicious data

Steps to ensure harassment victims can have malicious complaints made against them scratched from the record have been promised by the Government in the face of a Tory-led rebellion.

The concession by ministers saw off a threatened defeat in the House of Lords, amid demands to tackle what has been branded “domestic terrorism”.

But Conservative former Cabinet minister Baroness Morgan of Cotes warned she stood ready to force a vote at third reading of the Victims and Prisoners Bill if the Government proposal was “not fit for purpose”.

There has been pressure for a change in the law after Labour MP Stella Creasy (pictured) was left with a social services file due to a vexatious report from a man who disagreed with her political views.

Speaking at the Bill’s report stage, justice minister Lord Bellamy said: “The Government does indeed recognise that complaints of this kind can be used to perpetuate harassment and victims should be better supported.

“We have to strike a balance between the processes for erasure and removal of all traces of such complaint and harassment on the one hand, and the need to have regard to safeguarding concerns on the other.”

He added: “The Government has heard the concerns and although we can’t accept the amendment today, I do commit the Government to bring forward an amendment at third reading to address these concerns.”

Responding, Lady Morgan said: “I am very grateful the Government does now see the need to update the law to take account of this very real situation.

“Any amendment needs to be clear that the process of applying for deletion must be accessible to victims of malicious complaint.”

But she cautioned: “I will take it to a vote at third reading if we feel the Government’s amendment is not fit for purpose.”

Earlier, highlighting the impact on those subjected to such malicious behaviour, Lady Morgan said: “Many victims find that even if the person targeting them has been convicted, their harassment continues because such records remain in existence and this is because current data protections rules mean that records like this cannot always be deleted.

“The retention of this data has long-lasting consequences for all individuals involved.

“In fact, having to repeatedly disclose the existence of the complaint even if it has proved to be a campaign of stalking or harassment is in many ways a repetition of that harassment.”

Backing moves to enable the removal of false reports, independent crossbencher Lord Russell of Liverpool said: “What we are talking about today in this amendment I would almost call a form of domestic terrorism. It is a way of somebody making a completely unfounded allegation… and to, in a sense, force a situation where an investigation has to take place.

“And even though the investigation finds there was no basis in the allegation, the allegation remains on the record of that individual and that individual is compelled to reveal that allegation in a variety of situations where they are required to provide a form of due diligence.”

Conservative peer Baroness Finn, a former chief of staff to Boris Johnson, said the retention of data had “lasting consequences” for harassment victims.

She said: “It is hard to emphasise the toll that malicious complaints take on individuals on their mental health and family life.”

She added: “It is simply not right that many victims find that even if the person targeting them their harassment continues because such records remain.

“The retention of this data has lasting consequences for all individuals involved.”

Also during report stage, peers narrowly defeated the Government in demanding that the personal data of victims of crime is not used for immigration purposes without consent.

The Lords backed the change by 214 votes to 208, majority six.

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