Data (Use and Access) Bill [Lords]

Alex Sobel Excerpts

Wednesday 7th May 2025 Commons Chamber

[Siân Berry (Brighton Pavilion) (Green)]

I rise to speak to new clause 15, but I also want to associate myself with the many right hon. and hon. Members who have spoken up for our creative industries. Our most talented and creative minds have not been getting fair representation from the Government up to now, and this has been a very interesting, well informed and, hopefully, influential debate today. New clause 15 is about privacy, safety and providing a dedicated complaints procedure for individuals including victims of modern slavery, domestic abuse, gender-based violence and for others at risk of serious harm if their personal data is mishandled.

This is not a theoretical question. Last November, The Independent reported on Lola, a domestic abuse victim whose home address was leaked to her ex-partner by a company that obtains restraining orders. She said that she was left fearing for her life. As the Open Rights Group has laid out in its briefing, the Information Commissioner’s Office is not functioning as it should be in cases such as this. I have many examples—including how Charnwood district council sent details of the new address of an abused woman directly to her abuser at her former address, so that her abuser knew where she lived—yet people placed at risk in this way currently have no means of challenging the Information Commissioner’s Office if it fails to take the right action, which happens too often. New clause 15 simply proposes dedicated procedures to support vulnerable people making complaints and a right to appeal to the Information Tribunal, a route currently available to large tech firms but not to the people harmed by their practices. I hope that Ministers will take these proposals up.

On other amendments, I fully back the Liberal Democrats on new clauses 2 to 6, which I am signed up to. I personally will abstain from voting on the Liberal Democrats’ new clause 1 and on the Conservatives’ new clause 19. This is because, although I am minded to increase the age of digital consent from 13, given the wider implications of harmful content and data that can be collected and used to do harm, my discussions locally with parents and young people in Brighton Pavilion have led me to want to properly include both groups in any decision on what that new age should be, given that it would cut people off from social media. We must have rapid and real processes of deliberation on this issue as soon as possible that are not just consultative but collaborative.

Finally, new clause 21 is of serious concern to my constituents, and I agree with them and TransActual that it would constitute a gross violation of privacy rights by creating a mass outing of trans people. Subsection (1)(d) of this new clause even goes so far as to seek to revert historical changes made to someone’s gender marker. I urge the Government to reject this and to act further to protect trans rights more broadly.

[Alex Sobel (Leeds Central and Headingley) (Lab/Co-op)]

I rise to speak to my new clause 14 and amendment 10. Furthermore, I would like to make note of my steadfast opposition to new clause 21, which does not simply change data collection. It proposes to mark and track individuals based on “sex at birth”, regardless of their lived reality, legal recognition or consent. No one—not a Government, not a public authority, not a politician—has the right to define who another person is; only the individual can do that. This is a fundamental principle of dignity and respect that transcends political views and legal debates. We must reject new clause 21.

Moving on to my new clause 14, it is widely accepted that AI has already ingested everything on the internet, whether it be music, films or books, yet there is no legal requirement on these companies to disclose what they have used, making it difficult for musicians and authors to enforce their rights and, crucially, to be paid for their work. So I urge the Minister to give a commitment to legislating for transparency to protect the creative industries.

I note the Government’s new clauses 16 and 17 as a starting point, but we both know that we want to see a thriving licensing market between content creators and AI developers. A transparency commitment today would enable that licensing market as creators would be in a position to enforce their rights and demand fair pay. There would be certainty for AI developers, removing the risk of mitigation in the future. Without transparency, there is no incentive for AI firms to reach agreements with creators, and billionaire-owned tech firms will continue to rip off musicians, filmmakers and authors.

[Chris Hinchliff (North East Hertfordshire) (Lab)]

Does my hon. Friend agree that new technology should be a tool to improve lives, not just a mechanism for funnelling more wealth and power into the hands of already super-rich corporations? Does he agree that the Bill would benefit from going even further in providing greater transparency?

[Alex Sobel]

My new clause 14 would do that, so I hope the Government are taking note.

This debate is not just about economic rights. Last week I learned about the holocaust survivor Renee Salt, whose book “A Mother’s Promise” was ripped by AI, with similarly named books appearing online days after the original was released. There can be no starker contrast than Renee sharing her most traumatic experiences for the benefit of others, and a computer algorithm stealing from a Holocaust survivor to profit from her suffering. We must stand up for the human creativity that helps us to process the world we live in, or the world will become a much darker place.

I tabled amendment 10, which relates to safe data transfer, in order to confront a glaring weakness in our current data protection regime through the continued transfer of UK user data to jurisdictions that cannot and do not provide basic legal protections or enforceable rights. The need for the amendment is not theoretical. Under current rules, companies often rely on a set of contracts—international data transfer agreements—as proof that data transfers will be adequately protected. However, that assumption is increasingly proving to be false.

The Irish Data Protection Commission fined TikTok €530 million after an in-depth inquiry into its transfers of European Economic Area user data to China. The Irish authorities found that TikTok had failed to adequately assess whether Chinese law provided a level of protection “essentially equivalent” to that guaranteed under GDPR— the General Data Protection Regulation. The ruling was possible because there are no credible legal remedies in China. Laws such as the national intelligence law, the cyber-security law and the anti-terrorism law compel organisations to provide access to data without judicial oversight or meaningful recourse for individuals. China is unable to provide a level of protection “essentially equivalent” to that guaranteed in the Data Protection Act 2018 and in this Bill.

Contracts alone do not protect users when the legal system of the receiving country is incompatible with fundamental rights. This amendment introduces a clear rule: where there is no meaningful enforcement of data rights, no independent judiciary, no administrative remedy or no legal path to challenge unlawful access, such countries will be deemed unsafe for UK data transfers. The Bill must address this critical blind spot. Contracts alone cannot ensure user rights in jurisdictions that offer no legal safeguards. This amendment provides a principled, legally sound and urgently needed response to a real-world threat. I hope that the Minister, given his background, will take these issues seriously and meet me to look further at how we can close this loophole.

Data (Use and Access) Bill [Lords]

Alex Sobel Excerpts

2nd reading
Wednesday 12th February 2025 Commons Chamber

[Jonathan Davies]

My hon. Friend is right. There are tremendous opportunities to anticipate people’s needs throughout their lives and also drive scientific innovation, so that we can live longer and healthier lives. The Health Secretary and other Ministers have been clear that the huge investment that the Government are making in public services must go hand in hand with reform, since change will not be delivered solely by spending more money, and this Bill will help to make that possible.

I am also pleased that the Government will strengthen safeguards on personal data. That is key to ensuring that people have trust in the services that they use, and to preventing those who would exploit personal data from being able to do so. I look forward to following that aspect of the Bill as it progresses through its future stages.

I also wish to touch on the national underground asset register—a national map of the UK’s underground infrastructure. In Derbyshire, people find it so frustrating to find that their street, their road, or the highway that they use has been dug up again by yet another utility company, or another person who needs access to the cables or the infrastructure underground. Not only is that frustrating for people as they try to get around, but it is, I believe, undermining the integrity of the roads that we use and driving our pothole problems. I hope that, combined with our journey to local government devolution, our roads will be another area where people will be able to see a tangible difference.

During the Bill’s passage through the House of Lords, efforts were made to strengthen copyright protections for creators, including artists, photographers, authors, musicians, composers and lyricists. I welcome the work that the House of Lords has done to push those issues further up the agenda. Stronger protections for creators is something that I will always seek to support.

Artificial intelligence has benefits for sectors such as music, yet more transparency from AI firms on the music, art, and literature on which their systems draw is absolutely necessary. Although the technology is new, some of the arguments that we have heard here and today in the wider discourse on this Bill are decidedly not new. I am reminded of the 15th century—although I was not there—when Johannes Gutenberg rolled out his printing press for the first time. People were worried about the effect that that would have on scribes and the monks who transcribed the religious texts. The hon. Member for Perth and Kinross-shire (Pete Wishart), who is no longer in his place, spoke about the volumes of books that we have here in Parliament.

[Alex Sobel (Leeds Central and Headingley) (Lab/Co-op)]

I say gently to my hon. Friend that the difference is that then people understood from looking at the book whether it was printed or scribed, whereas with AI-generated works it is sometimes hard to distinguish, which is why we need labelling and additional consumer protections in this space.

[Jonathan Davies]

I thank my hon. Friend for his intervention. I shall get on to those points when I talk about the consultation that is currently under way.

We need to ensure that the benefits of AI are managed and that our creators are properly protected. This is a £120 billion industry, which employs more than 2 million people. It is an expression of who we are and contributes to our understanding of ourselves and each other, and it takes us on a journey where we can walk in somebody else’s shoes and build a more tolerant, cohesive and engaged society. If we do not get this right, all that is threatened. That would be bad not just for the global stars, the household names and the people whose records, CDs and downloads we have in our homes—

--- Later in debate ---

[Alex Sobel]

I visited Estonia last year and spoke to our ambassador there. We are now on our third agreement between the UK and Estonia on Government e-services and digital collaboration. That was underutilised by the previous UK Government. It would be great to see the Minister and his colleagues step up the work with Estonia and bring that sort of work here, given that those agreements are in place.

[Steff Aquarone]

This is absolutely not a pitch to be a member of the Bill Committee, but I would certainly be grateful for the opportunity to implement my views in the design and delivery of Britain’s very own Tiger Leap into the data-driven revolution.

Estonia is a crystal-clear example proving that the results of such a transformation are not just the preserve of tech geeks—a category into which I place myself—but provide tangible benefits for individuals, and not just by making them use digital stuff at the front end, which the hon. Member for Windsor (Jack Rankin) will be glad to hear. I think about the lady in her 90s whose Openreach engineer understandably refused her fibre upgrade because the local council had not shared with them the fact that she used a telecare device. I also think of the farmers who are baffled by the systems used to issue flood recovery payments, because the data is not transparent.