Data (Use and Access) Bill [HL]

Debate between Baroness Stowell of Beeston and Baroness Jones of Whitchurch

Committee stage
Monday 16th December 2024 Grand Committee

[Baroness Jones of Whitchurch (Lab)]

Of course I will write to the noble Lord. It will be within the ICO’s normal powers to make changes where he finds that they are necessary.

I move to Amendment 160, tabled by noble Lord, Lord Lucas, which seeks to create a new exemption for advertising performance cookies. There is a balance to strike between driving growth in the advertising, news and publishing sectors while ensuring that people retain choice and control over how their data is used. To exempt advertising measurement cookies, we would need to assess how intrusive these cookies are, including what they track and where data is sent. We have taken a delegated power so that exemptions to the prohibition can be added in future once evidence supports it, and we can devise appropriate safeguards to minimise privacy risks. In the meantime, we have been actively engaging with the advertising and publishing sectors on this issue and will continue to work with them to consider the potential use of the regulation-making power. I hope that the noble Lord will accept that this is work in progress.

Amendment 161, also from the noble Lord, Lord Lucas, aims to extend the soft opt-in rule under the privacy and electronic communications regulations to providers of auto-enrolment pension schemes. The soft opt-in rule removes the need for some commercial organisations to seek consent for direct marketing messages where there is an existing relationship between the organisation and the customer, provided the recipient did not object to receiving direct marketing messages when their contact details were collected.

The Government recognise that people auto-enrolled by their employers in workplace pension schemes may not have an existing relationship with their pension provider, so I understand the noble Lord’s motivations for this amendment. However, pension providers have opportunities to ask people to express their direct mail preferences, such as when the customer logs on to their account online. We are taking steps to improve the support available for pension holders through the joint Government and FCA advice guidance boundary review. The FCA will be seeking feedback on any interactions of proposals with direct marketing rules through that consultation process. Again, I hope the noble Lord will accept that this issue is under active consideration.

Amendment 162, tabled by the noble Lord, Lord Clement-Jones, would create an equivalent provision to the soft opt-in but for charities. It would enable a person to send electronic marketing without permission to people who have previously expressed an interest in their charitable objectives. The noble Lord will recall, and has done so, that the DPDI Bill included a provision similar to his amendment. The Government removed it from that Bill due to the concerns that it would increase direct marketing from political parties. I think we all accepted at the time that we did not want that to happen.

As the noble Lord said, his amendment is narrower because it focuses on communications for charitable purposes, but it could still increase the number of messages received by people who have previously expressed an interest in the work of charities. We are listening carefully to arguments for change in this area and will consider the points he raises, but I ask that he withdraws his amendment while we consider its potential impact further. We are happy to have further discussions on that.

[Baroness Stowell of Beeston (Con)]

I apologise to the Minister for intervening on her when I have not spoken earlier in this debate, but I was reassured by what she just said on Amendment 162. Remarks made by other noble Lords in this debate suggest both that members of the public might not object to charities having the same access rights as businesses and that the public do not necessarily draw a distinction between businesses and charities. As a former chairman of the Charity Commission, I can say that that is not what is generally found. People have an expectation of charities that differs from what they would expect by way of marketing from businesses. In considering this amendment, therefore, I urge the Minister to think carefully before deciding what action the Government should take.

[Baroness Jones of Whitchurch (Lab)]

I thank the noble Baroness very much for that very helpful intervention. If she has any more information about the view of the Charity Commission, we would obviously like to engage with that because we need to get this right. We want to make sure that individuals welcome and appreciate the information given to them, rather than it being something that could have a negative impact.

I think I have covered all the issues. I hope those explanations have been of some reassurance to noble Lords and that, as such, they are content not to press their amendments.

Generative AI: Intellectual Property Rights

Debate between Baroness Stowell of Beeston and Baroness Jones of Whitchurch

Monday 11th November 2024 Lords Chamber

[Baroness Stowell of Beeston (Con)]

I am very grateful to the noble Lord. Copyright clearly affects a lot of different sectors, but given the value of real-time news to the AI platforms, particularly in the production of services and products that they offer to consumers, what steps are the Government taking to ensure that there is a mutually beneficial deal between the platforms and news organisations, so that we can safeguard the content that will be so important to the continuing advancement of this technology?

[Baroness Jones of Whitchurch (Lab)]

The noble Baroness will know that there was an attempt to come to a voluntary agreement on this under the previous Government that would have been a way forward for both sectors. Unfortunately, that voluntary agreement did not work out, so the ball has bounced back into our court. The noble Baroness is absolutely right about journalism: if we do not have a vibrant journalistic bedrock for this society, we do not really have a democratic society; we need to know what is going on in the UK and the world. The noble Baroness is right that we need to protect journalists: we need to ensure that their work is rewarded and paid in the right way. We are working on this. I am sorry that I am beginning to sound a bit like a stuck record, but I assure noble Lords that we are working at pace to try to resolve these issues.

Data Protection and Digital Information Bill

Debate between Baroness Stowell of Beeston and Baroness Jones of Whitchurch

Committee stage
Monday 25th March 2024 Grand Committee

[Baroness Stowell of Beeston (Con)]

My Lords, I rise briefly to support the amendments in the name of my noble friend Lady Harding and the others in this group. She has comprehensively explained their importance; they may not be philosophical, as she says, but they have practical importance. One of the most compelling reasons for us to act is as she so precisely described: if we do not, we create a situation in the real world that the Bill seeks to address in the digital world.

Although this is about direct marketing, allied to it are pressures on advertising revenues and the greater control that is being taken by the larger platforms in this area all the time. The effect that has on revenues means that this is an important issue that deserves a proper response from the Government. I hope that my noble friend the Minister acts in the way that we want by, if not accepting one of these amendments, coming forward with something from the Government.

[Baroness Jones of Whitchurch (Lab)]

My Lords, I can also be relatively brief. I thank all noble Lords who have spoken and the noble Baroness, Lady Harding, and the noble Lord, Lord Clement-Jones, for their amendments, to many of which I have added my name.

At the heart of this debate is what constitutes a disproportionate or impossibility exemption for providing data to individuals when the data is not collected directly from data subjects. Amendments 29 to 33 provide further clarity on how exemptions on the grounds of disproportionate effort should be interpreted —for example, by taking into account whether there would be a limited impact on individuals, whether they would be caused any distress, what the exemptions were in the first place and whether the information had been made publicly available by a public body. All these provide some helpful context, which I hope the Minister will take on board.

I have also added my name to Amendments 27 and 28 from the noble Baroness, Lady Harding. They address the particular concerns about those using the open electoral register for direct marketing purposes. As the noble Baroness explained, the need for this amendment arises from the legal ruling that companies using the OER must first notify individuals at their postal addresses whenever their data is being used. As has been said, given that individuals already have an opt-out when they register on the electoral roll, it would seem unnecessary and impractical for companies using the register to follow up with individuals each time they want to access their data. These amendments seek to close that loophole and return the arrangements back to the previous incarnation, which seemed to work well.

All the amendments provide useful forms of words but, as the noble Baroness, Lady Harding, said, if the wording is not quite right, we hope that the Minister will help us to craft something that is right and that solves the problem. I hope that he agrees that there is a useful job of work to be done on this and that he provides some guidance on how to go about it.