Data (Use and Access) Bill [HL]

Lord Knight of Weymouth Excerpts

Committee stage
Monday 16th December 2024 Grand Committee

[Lord Holmes of Richmond (Con)]

My Lords, it is a pleasure to take part in the debate on this group. I support the spirit of all the amendments debated thus far.

Speaking of spirits, and it being the season, I have more than a degree of sympathy for the Minister. With so many references to her previous work, this Christmas is turning into a bit of the Ghost of Amendments Past for her. That is good, because all the amendments she put down in the past were of an excellent quality, well thought through, equally considered and even-handed.

As has been mentioned many times, we have had three versions of a data Bill so far over just over three years. One wonders whether all the elements of this current draft have kept up with what has happened in the outside world over those three years, not least when it comes to artificial intelligence. This goes to the heart of the amendments in this group on automated decision-making.

When the first of these data Bills emerged, ADM was present—but relatively discreetly present—in our society and our economy. Now it would be fair to say that it proliferates across many areas of our economy and our society, often in situations where people find themselves at the sharpest end of the economy and the sharpest end of these automated decisions, often without even knowing that ADM was present. More than that, even on the discovery that ADM was in the mix, depending on which sector of the economy or society they find that decision being made in, they may find themselves with no or precious little redress—employment and recruitment, to name but one sector.

It being the season, it is high time when it comes to ADM that we start to talk turkey. In all the comments thus far, we are talking not just about ADM but about the principles that should underpin all elements of artificial intelligence—that is, they should be human led. These technologies should be in our human hands, with our human values feeding into human oversight: human in the loop and indeed, where appropriate, human over the loop.

That goes to elements in my two amendments in this group, Amendments 123A and 123B. Amendment 123A simply posits, through a number of paragraphs, the point that if someone is subject to an automated decision then they have the right to a personalised explanation of that decision. That explanation should be accessible in its being in plain language of their choice, not having a cost attached to it and not being in any sense technically or technologically convoluted or opaque. That would be relatively straightforward to achieve, but the positive impact for all those citizens would certainly be more than material.

Amendment 123B goes to the heart of those humans charged with the delivery of these personalised explanations. It is not enough to simply say that there are individuals within an organisation responsible for the provision of personalised explanations for automated decisions; it is critical that those individuals have the training, the capabilities and, perhaps most importantly, the authority within that organisation to make a meaningful impact regarding those personalised explanations. If not, this measure may have a small voice but would have absolutely no teeth when it comes to the citizen.

In short, ADM is proliferating so we need to ensure that we have a symmetrical situation for citizens, for consumers, and for anyone who finds themselves in any domain or sector of our economy and society. We must assert the principles: human-led, human in the loop, “Our decisions, our data”, and “We determine, we decide, we choose”. That is how I believe we can have an effective, positive, enabling and empowering AI future. I look forward to the Minister’s comments.

[Lord Knight of Weymouth (Lab)]

My Lords, I shall speak to the series of amendments on automated decision-making to which I have added my name but are mostly in the name of the noble Lord, Lord Clement-Jones. As he said, we had a rehearsal for this debate last Friday when we debated his Private Member’s Bill so I will not delay the Committee by saying much about the generalities of ADMs in the public sector.

Suffice it to say that human involvement in overseeing AIs must be meaningful—for example, without those humans themselves being managed by algorithms. We must ensure that ADMs comply by design with the Equality Act and safeguard data subjects’ other rights and freedoms. As discussed in earlier groups, we must pay particular attention to children’s rights with regard to ADMs, and we must reinforce the obligation on public bodies to use the algorithmic transparency recording standards. I also counsel my noble friend the Minister that, as we have heard, there are many voices from civil society advising me and others that the new Article 22 of the GDPR takes us backwards in terms of protection.

That said, I want to focus on Amendment 123C, relating to ADMs in the workplace, to which I was too late to add my name but would have done. This amendment follows a series of probing amendments tabled by me to the former DPDI Bill. In this, I am informed by my work as the co-chair of the All-Party Parliamentary Group on the Future of Work, assisted by the Institute for the Future of Work. These amendments were also mirrored during the passage of the Procurement Act and competition Act to signal the importance of the workplace, and in particular good work, as a cross-cutting objective and lens for policy orientation.

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[Lord Clement-Jones (LD)]

That is slightly splitting hairs. The noble Viscount, Lord Camrose, might want to comment because he wanted to delete the wording that says:

“The Secretary of State may by regulations provide that … there is, or is not, to be taken to be meaningful human involvement”.


He certainly will determine—or is able to determine, at least—whether or not there is human involvement. Surely, as part of that, there will need to be consideration of what human involvement is.

[Lord Knight of Weymouth (Lab)]

Will the Minister reflect on the issues around a case-by-case basis? If I were running an organisation of any sort and decided I wanted to use ADM, how would I make a judgment about what is meaningful human involvement on a case-by-case basis? It implies that I would have to hope that my judgment was okay because I have not had clarity from anywhere else and in retrospect, someone might come after me if I got that judgment wrong. I am not sure that works, so will she reflect on that at some point?