Data Protection Bill [HL]

Debate between Lord Mitchell and Lord Clement-Jones

Report: 3rd sitting Hansard: House of Lords
Wednesday 10th January 2018 Lords Chamber

[Lord Mitchell (CB)]

My Lords, I will also speak to Amendment 108. The points I am addressing were glossed over in Committee, and I now wish to expand on this important issue.

Data is the new oil. This has been said many times in your Lordships’ House, but as each day passes it becomes more true. Without stretching the analogy too far, in our country big data is about to become the 21st-century equivalent of North Sea oil. Because big data has such value, it will come as no surprise to see big tech companies swarming all over it. They have to because it is their lifeline. Many of our public bodies, particularly the NHS, are custodians of massive amounts of data, which big tech is eager to get its hands on. But we as legislators who act for the public good also have a responsibility to ensure that the public are protected and that, simply put, our treasure is not taken from us without clear authority or appropriate recompense. The data the public bodies hold belongs to us all. It is ours—our communal property—and we must tread carefully.

I will make one point as strongly as I can. I am a product of the data revolution; I have been professionally involved in the digital industry for over 50 years. For 40 of those I was an IT serial entrepreneur. This industry has been good to me; I fully understand that the tech sector needs light regulation. I know that at its best the digital revolution is a force for good but, equally, I know the dangers it poses, so I am trying to be cautious in what I propose. We stand at a crossroads. Computing power has reached astronomical capabilities, software is increasingly complex and artificial intelligence is now making dramatic inroads. Plus, we see the exponential availability of digital data. All these have contributed to the creation and brilliance of algorithms. The one thing we know for certain is that these exciting developments will keep on growing at exponential rates. In medicine, for example, new tools are being developed that are already enhancing diagnostic and treatment capabilities that could benefit all manner of healthcare, in particular our ageing population.

I welcome these developments, as I am sure we all do, many of which have come from our own private sector, and we should rejoice at this example of British expertise. However, at the same time we need to strike a balance between the ambitions of 21st century businesses and the responsibility of government to steward assets and resources of national significance so that the proceeds of technological developments benefit us all. My two amendments seek to codify how valuable, publicly controlled personal data is shared with big tech companies, and to ensure that financial returns, combined with wider social, economic and environmental benefits, are optimised.

I can best demonstrate the scale of this issue if I refer to the NHS. Ever since its formation in 1948—maybe they were kept even before that—the NHS has kept records of tens of millions of patients, literally from cradle to grave. These records are either in written form, or increasingly in digital format, but the magnitude of the collected data is huge. Very few countries can match the length and depth of the health records that the NHS is trusted to retain on behalf of the general public. Such data is called longitudinal data and, when it is bundled together, has great commercial value.

At Second Reading I gave the example of a company called DeepMind, which is a British subsidiary of Google. I visited DeepMind, which is an impressive organisation based here in London. It has purchased access to millions of anonymised data records from institutions such as the Royal Free and Moorfields Eye Hospital. It does not buy this data outright—it does not have to. It simply buys access. Such access enables it and companies like it to use very powerful computers and very sophisticated software to process millions of records with the help of artificial intelligence and machine learning.

This synthesising of data using AI capabilities is designed to produce algorithms, and it is these algorithms that become the product that companies such as DeepMind are able to monetise. They do this by selling the algorithms and their consulting services to the likes of pharmaceutical companies and healthcare providers and even back to the NHS itself. It is a global business and very profitable. At the Royal Free, these algorithms are being used to detect the early onset of kidney disease. At Moorfields Eye Hospital, also here in London, spectacular advances have occurred in similarly detecting potential optical problems.

This is data processing used for the benefit and enhancement of all mankind and we should welcome it. However, I am concerned that this precious and unique data is being offered to big tech companies by our public bodies in the absence of clear and consistent guidelines and without asking how best to obtain value for money in the broadest sense of the term.

Having dealt with big tech companies for most of my life, I know that they are staffed with exceptionally clever people and are no slouches at driving hard bargains. Unlike our NHS, they are not consumed with the day-to-day preoccupation of trying to balance their current budgets; with hundreds of billions of dollars in the bank, they can afford to play the long game, and it is easy to see who holds the aces in any negotiation. Put simply, I wish to protect our public bodies and ensure that we do not give away our inheritance. That is why we need to codify how we will obtain value for money from the sharing of data of national significance with the private sector.

My proposal is not just for the NHS and it is not just for now. All public bodies need protection and guidelines today and well into the future. That is why I have introduced my amendments. In Amendment 107B I seek, first, to require the Information Commissioner to maintain a register of publicly controlled personal data of national significance and, secondly, to prepare a code of practice containing practical guidance in relation to personal data of national significance. These are defined in subsection (2). In Amendment 108 I have set out the requirements of the code on personal data of national significance.

[Lord Clement-Jones]

My Lords, I want briefly to express sympathy with the noble Lord, Lord Mitchell. I share many of his concerns but essentially I think that we should look on the most optimistic side. I hope that he is also really describing the opportunities that can be made available with this kind of data, provided that it is accessible in the way described. I know that the noble Lord takes considerable inspiration from Future Care Capital’s report on intelligence-sharing unleashing the potential of health and care data in the UK to transform outcomes. I thought that it was very good and well considered.

The noble Lord has put down a very important marker today but my one caveat is that I am not sure that there is yet a settled view about how to deal with this kind of data. In Committee we talked about data trusts. In her AI review, Dame Wendy Hall also talked about data trusts. I know that we need to head in a direction that gives us much more assurance about the use of the data in the way that the noble Lord, Lord Mitchell, has described, but I am not sure we have quite reached a consensus around these things to come to the decision that this is the best possible model.