Youth Matters: Young people’s civil liberties are eroded
Alongside placing young people as consumers there is also a
strong concern with diverting them from what are seen as troublesome activities (such as hanging around on the street). In pursuit of this we have already seen how freedom of movement and association in public spaces has been curtailed by the use of curfews and dispersal orders (although thankfully the government’s authoritarianism in this area has been dealt a blow by the high court). The emphasis upon the surveillance and control of young people that characterized the New Labour Connexions Strategy remains in play in Youth Matters – the Green Paper for Youth – with all its implications for the civil rights of young people.
The main area of attack upon young people’s civil rights
in Youth Matters is linked to the proposed introduction of widespread recording of their participation in different activities via the proposed youth card and the development of existing monitoring arrangements. One of the issues here is that comprehensive data about their leisure time activities and private lives will become available to the state. However, this will become an increasingly contested area. There is growing recognition, as a recent IPPR report put it, of a ‘seeming imbalance between the Government’s enthusiasm for public service modernisation and its respect for constitutional due process’ (Davies 2005: 68). Richard Thomas, the information commissioner, has warned that proposed the database containing details of all children and young people (legislated for within in the Children Act 2004) breaches the European Convention on Human Rights European Court (Young People Now March 9, 2005). The comments he made with regard to identity cards apply with equal force to the youth card and the databases behind it.
I have expressed my unease that the current proposal to
establish a national identification system is founded on an extensive central register of personal information controlled by government and is disproportionate to the stated objectives behind the introduction of ID cards. It raises substantial data protection concerns about the extent of the information recorded about an individual when the ID card is used in their day to day lives and sparks fears about the potential for wider use/access to this information in the future. (Thomas in LSE 2005: 3)
The issues of proportionality and of who has access to what
should be key aspects of the debate. The unedifying sight of youth workers and personal advisers routinely breaching young people’s civil rights through the entering of information onto databases capable of linking to wider systems has become all too common as so called ‘management information systems’ have come into use within youth services.
As a result of criticisms of this kind, the minister (Beverley
Hughes) has stated that the youth card will not integrate with the information-sharing plans set out in the Children Act 2004. However, what is left unsaid here is exactly which databases will they integrate with. They will have to link into some sort of national infrastructure, and to other databases within children’s trusts, thus making information available to different teams – and probably to schools (especially given that they are the key site for the youth offer).
We need to shift the debate around Youth Matters to look at
young people’s opportunities for privacy. As William Davies (2005: 32) has written in the context of the expansion and inter-connectability of government databases and of the ‘digital agenda’ in general, ‘people can only be expected to embrace technologies actively if they retain the right not to’. He continues:
In a highly-interconnected society, privacy is the right to
disconnect, to be anonymous and to be alone should one wish. No consumer would be expected to sign up to a broadband connection or mobile phone package if there was no way of cancelling it. And yet, industry and government currently try to convince citizens of the benefits of technological modernisation across society, without developing any sincere narrative as to how we may be able to opt out of it periodically or permanently, collectively or individually. For people to engage confidently with an interconnected world, they need both the entitlement and the know-how to limit that engagement when they see fit. A genuinely reassuring policy programme could consist of nothing less.
The Youth Card and the current, routine, monitoring of
involvement with young people via databases intrude in unacceptable ways into what should be the private lives of young people.