Data (Use and Access) Bill [Lords]

Debate between Chi Onwurah and David Davis

Wednesday 7th May 2025 Commons Chamber

[Chi Onwurah (Newcastle upon Tyne Central and West) (Lab)]

I would like to thank colleagues in the other place and in this House who have worked so hard to improve the Bill. By modernising data infrastructure and governance, this Bill seeks to unlock the secure, efficient use of data while promoting innovation across sectors. As a tech evangelist, as well as the Chair of the Science, Innovation and Technology Committee, I welcome it, and I am pleased to see colleagues from the Select Committee, my hon. Friend the Member for Stoke-on-Trent South (Dr Gardner) and the right hon. Member for North West Hampshire (Kit Malthouse), here for this debate.

Having spent many unhappy hours when working for Ofcom trying to find out where British Telecom’s ducts were actually buried, I offer a very personal welcome to the national underground asset register, and I thank the Minister for his work on this Bill as well as for his opening comments.

I agree with the Minister that there is much to welcome in this Bill, but much of the Second Reading debate was consumed by discussion on AI and copyright. I know many Members intend to speak on that today, so I will just briefly set out my view.

The problem with the Government’s proposals on AI and copyright are that they give all the power to the tech platforms who—let us be frank—have a great deal of power already, as well as trillions of dollars in stock market capitalisation and a determination to return value to their shareholders. What they do not have is an incentive to design appropriate technology for transparency and rights reservation if they believe that in its absence they will have free access to our fantastic creators’ ingenuity. It is essential that the Minister convinces them that if they do not deliver this technology—I agree with him that it is highly possible to do so—then he will impose it.

Perhaps the Minister could announce an open competition, with a supplier contract as the prize, for whichever innovative company designs something. The Science, Innovation and Technology Committee, sitting with the Culture, Media and Sport Committee, heard from small companies that can do just that. The tech giants might not like it, but I often say that the opposite of regulation is not no regulation—it is bad regulation. If the tech platforms do not lead, they will be obliged to follow because the House will not allow the copyright of our fantastic creators to be put at risk. The Minister knows that I think him extremely charismatic and always have done, but I do not believe that “Chris from DSIT” can prevail against the combined forces of Björn from Abba and Paul from The Beatles.

The prospects for human advancement opened by using data for scientific research are immense. As a world-leading science powerhouse, the UK must take advantage of them. That is why, despite being a strong advocate of personal data rights, I welcome the Bill’s proposals to allow the reuse of data without consent for the purposes of scientific research. I am concerned, however, that the exemption is too broad and that it will be taken advantage of by data-hungry tech companies using the exemption even if they are not truly advancing the cause of scientific progress but simply, as with copyright, training their AI models.

Huge amounts of data is already collected by platforms, such as direct messages on Instagram or via web-scraping of any website that contains an individual’s personal data such as published records or people’s public LinkedIn pages. We know it can be misused because it has been, most recently with Meta’s controversial decision to use Instagram-user data to train AI models, triggering an Information Commissioner’s Office response because of the difficulty users encountered in objecting to it. Then there is the risk of data collected via tracking cookies or the profiling of browsing behaviour, which companies such as Meta use to fingerprint people’s devices and track their browsing habits. Could the data used to create ads also be freely reusable under this exemption? The US tech firm Palantir has the contract for the NHS federated data platform. Amnesty International has already raised concerns about the potential for patients’ data being mishandled. Does the Bill mean that our health data could be reused by Palantir for what it calls research purposes?

[David Davis (Goole and Pocklington) (Con)]

Before the hon. Lady moves on from Palantir, I think the House should know that it is an organisation with its origins in the American security state—the National Security Agency and the Central Intelligence Agency—and I cannot understand for the life of me why we are willing to commit the data of our citizens to an organisation like that.