Data (Use and Access) Bill [HL]

Debate between Lord Kirkhope of Harrogate and Lord Lucas

Committee stage
Wednesday 18th December 2024 Grand Committee

[Lord Kirkhope of Harrogate (Con)]

My Lords, I make a brief intervention. I am not against these amendments —they are very useful in the context of the Bill. However, I am reflecting on the fact that, when we drafted GDPR, we took a six-year process and failed in the course of doing so to really accommodate AI, which keeps popping up every so often in this Bill. Every part of every amendment seems to have a new subsection referring to automative decisions or to AI generally.

Obviously, we are moving on to have legislation in due course on AI and I am sure that a number of pieces of legislation, including no doubt this one, will be able to be used as part of our overall package when we deal with the regulation of AI. However, although it is true that the UK GDPR gives, in theory, a higher standard of protection for children, it is important to consider that, in the context of AI, the protections that we need to have are going to have to be much greater—we know that. But if there is going to be a code of practice for children and educational areas, we need also to consider vulnerable and disabled people and other categories of people who are equally entitled to have, and particularly with regard to the AI elements need to have, some help. That is going to be very difficult. Most adults whom I know know less about AI than do children approaching the age of 18, who are much more knowledgeable. They are also more knowledgeable of the restrictions that will have to be put in place than are adults, who appear to be completely at sea and not even understanding what AI is about.

I make a precautionary point. We should be very careful, while we have AI dotted all the way through this, that when we specify a particular element—in this case, for children—we must be aware of the need to have protection in place for other groups, particularly in the context of this Bill and, indeed, future legislation.

[Lord Lucas (Con)]

My Lords, I very much support the thrust of these amendments and what the noble Lord, Lord Knight, said in support of and in addition to them. I declare an interest as a current user of the national pupil database.

The proper codification of safeguards would be a huge help. As the noble Baroness, Lady Kidron, said, it would give us a foundation on which to build. I hope that, if they are going to go in this direction, the Government will take an immediate opportunity to do so because what we have here, albeit much more disorganised, is a data resource equivalent to what we have for the National Health Service. If we used all the data on children that these systems generate, we would find it much easier to know what works and in what circumstances, as well as how to keep improving our education system.

The fact that this data is tucked away in little silos—it is not shared and is not something that can be used on a national basis—is a great pity. If we have a national code as to how this data is handled, we enable something like the use of educational data in the way that the NHS proposes to use health data. Safeguards are needed on that level but the Government have a huge opportunity; I very much hope that it is one they will take.