Data (Use and Access) Bill [HL]

Debate between Earl of Erroll and Lord Markham

Report stage
Tuesday 21st January 2025 Lords Chamber

[The Earl of Erroll (CB)]

My Lords, I want to add very quickly that we have got a problem here. If someone did take all this private data because we did not put this block on them, and they then had it, it would probably become their copyright and their stuff, which they could then sit on and block other people getting at. This amendment is fairly essential.

[Lord Markham (Con)]

Like the noble Lord, Lord Clement-Jones, I am not going to try to better the excellent speech made by the noble Viscount, Lord Colville.

We debated at much length in Committee the definition of the scientific interest, as it will dictate the breadth of the consent exemption for the data reused. If it is too broad, it could allow data companies—I am thinking specifically of AI programs—to justify data scraping without obtaining consent, should they successfully argue that it constitutes scientific research. However, should we create too narrow a definition, we could stifle commercial research and innovation. This would be disastrous for economic growth and the UK science and technology sector, which is one of our most dynamic sectors and has the potential to become one of the most profitable. We should be looking to support and grow, not hinder. Finding the happy medium here is no small feat, but the amendment tabled by the noble Viscount, Lord Colville of Culross, goes a long way towards achieving this by threading the needle.

By requiring the research to be in the public interest to qualify for the consent exemption for data reuse, we will prevent companies cloaking purely commercial activities for their own ends in the guise of scientific research, while allowing commercial research which will benefit the general public.

This particularly chimes with my time as Health Minister, when we tried to ensure that we could bring the public with us on the use of their health data. We did a lot of focus groups on all of this, and we found that we could have very widespread—70%-plus—public support if we could demonstrate that there really was a medical research benefit from all of this. This amendment is very much in keeping with that. As I say, it threads the needle. That is why we will be strongly supporting the amendment tabled by the noble Viscount, Lord Colville, and we hope he is minded to put the matter to a Division.