Data Protection and Digital Information (No. 2) Bill (Fourth sitting)

Damian Collins Excerpts

Committee stage
Tuesday 16th May 2023 Public Bill Committees

[Sir John Whittingdale]

I am very much aware of the concern about automated decision making. The Government share the wish of the hon. Member for Barnsley East for all those who may be affected to be given protection. Where I think we differ is that we do not recognise the distinction that she tries to make between data subjects and decision subjects, which forms the basis of her amendments.

The hon. Lady’s amendments would introduce to the UK GDPR a definition of the term “decision subject”, which would refer to an identifiable individual subject to data- based and automated decision making, to be distinguished from the existing term “data subject”. The intended effect is to extend the requirements associated with provisions related to decisions taken about an individual using personal data to those about whom decisions are taken, even though personal information about them is not held or used to take a decision. It would hence apply to the safeguards available to individuals where significant decisions are taken about them solely through automated means, as amendments 78 to 101 call for, and to the duties of the Information Commissioner to have due regard to decision subjects in addition to data subjects, as part of the obligations imposed under amendment 106.

I suggest to the hon. Lady, however, that the existing reference to data subjects already covers decision subjects, which are, if you like, a sub-group of data subjects. That is because even if an individual’s personal data is not used to inform the decision taken about them, the fact that they are identifiable through the personal data that is held makes them data subjects. The term “data subject” is broad and already captures the decision subjects described in the hon. Lady’s amendment, as the identification of a decision subject would make them a data subject.

I will not, at this point, go on to set out the Government’s wider approach to the use of artificial intelligence, because that is somewhat outside the scope of the Bill and has already been set out in the White Paper, which is currently under consultation. Nevertheless, it is within that framework that we need to address all these issues.

[Damian Collins (Folkestone and Hythe) (Con)]

I have been closely following the speeches of the Minister and the hon. Member for Barnsley East. The closest example that I can think of for this scenario is the use of advertising tools such as lookalike audiences on Facebook and customer match on YouTube, where a company holding data about users looks to identify other customers who are the closest possible match. It does not hold any personal data about those people, but the platform forms the intermediary to connect them. Is the Minister saying that in that situation, as far as the Bill is concerned, someone contacted through a lookalike audience has the same rights as someone who is contacted directly by an advertiser that holds their data?

--- Later in debate ---

[Sir John Whittingdale]

It is certainly our view that anybody who is affected by an automated decision made on the basis of data held about individuals themselves becomes a data subject, so I think the answer to the honourable Lady’s question is no. As I said, the Information Commissioner’s Office will provide guidance in this area. If such a situation does arise, obviously it will need to be considered.The hon. Members for Barnsley East and for Glasgow North West asked about making information available to all those affected, and about safeguards, which we think are contained within the requirements under article 22C.

[Damian Collins]

Further to the point that was made earlier, let us say that a Facebook user was targeted with an advert that was based on their protected characteristics data—data relevant to their sexual orientation, for example—but that user said that they had never shared that information with the platform. Would they have the right to make a complaint, either to the advertiser or to the platform, for inferring that data about them and making it available to a commercial organisation without their informed consent?

[Sir John Whittingdale]

They would obviously have that right, and indeed they would ultimately have the right to appeal to the Information Commissioner if they felt that they had been subjected unfairly to a decision where they had not been properly informed of the fact. On the basis of what I have said, I hope the hon. Member for Barnsley East might withdraw her amendment.