Data (Use and Access) Bill [HL]

Debate between Lord Leong and Baroness Kidron

Report stage
Tuesday 21st January 2025 Lords Chamber

[Lord in Waiting/Government Whip (Lord Leong) (Lab)]

My Lords, I rise to speak to Amendments 2, 3, 4, 25, 42 and 43. I thank the noble Baroness, Lady Kidron, and the noble Lord, Lord Clement-Jones, for these amendments on data communities, which were previously tabled in Committee, and for the new clauses linking these with the Bill’s clauses on smart data.

As my noble friend Lady Jones noted in Committee, the Government support giving individuals greater agency over their data. The Government are strongly supportive of a robust regime of data subject rights and believe strongly in the opportunity presented by data for innovation and economic growth. UK GDPR does not prevent data subjects authorising third parties to exercise certain rights on their behalf. Stakeholders have, however, said that there may be barriers to this in practice.

I reassure noble Lords that the Government are actively exploring how we can support data intermediaries while maintaining the highest data protection standards. It is our intention to publish a call for evidence in the coming weeks on the activities of data intermediaries and the exercise of data subject rights by third parties. This will enable us to ensure that the policy settings on this topic are right.

In the context of smart data specifically, Part 1 of the Bill does not limit who the regulations may allow customers to authorise. Bearing in mind the IT and security-related requirements inherent in smart data schemes, provisions on who a customer may authorise are best determined in the context of a specific scheme, when the regulations are made following appropriate consultation. I hope to provide some additional reassurance that exercise of the smart data powers is subject to data protection legislation and does not displace data rights under that legislation.

There will be appropriate consultation, including with the Information Commissioner’s Office, before smart data schemes are introduced. This year, the Department for Business and Trade will be publishing a strategy on future uses of these powers.

While the smart data schemes and digital verification services are initial examples of government action to facilitate data portability and innovative uses of data, my noble friend Lady Jones previously offered a meeting with officials and the noble Baroness, Lady Kidron, to discuss these proposals, which I know my officials have arranged for next week—as the noble Baroness indicated earlier. I hope she is therefore content to withdraw her amendment.

[Baroness Kidron (CB)]

Before the Minister sits down, may I ask whether there is a definition of “customer” and whether that includes a user in the broader sense, or means worker or any citizen? Is it a customer relationship?

[Lord Leong (Lab)]

My understanding is that “customer” reflects an individual, but I am sure that the Minister will give a better explanation at the meeting with officials next week.

[Lord Leong (Lab)]

I thank the noble Lord for that request, and I am sure my officials would be willing to do that.

[Baroness Kidron (CB)]

My Lords, I do not intend to detain the House on this for very long, but I want to say that holding meetings after the discussion on Report is not adequate. “Certain rights” and “customer” are exactly the sort of terms that I am trying to address here. To the noble Viscount—and my noble friend—Lord Camrose, I say that it is not adequate, and we have an academic history going back a long way. I hope that the meeting next week is fruitful and that the Government’s enthusiasm for this benefits workers, citizens and customers. I beg leave to withdraw the amendment.