Data (Use and Access) Bill [Lords]

Freddie van Mierlo Excerpts

Wednesday 7th May 2025 Commons Chamber

[Victoria Collins]

Thank you for calling me, Madam Deputy Speaker, and for your patience regarding my earlier intervention. I am very passionate about all elements of the Bill.

On Second Reading, I said:

“Data is the new gold”—[Official Report, 12 February 2025; Vol. 762, c. 302.]

—a gold that could be harnessed to have a profound impact on people’s daily lives, and I stand by that. With exponential advances in innovation almost daily, this has never been truer, so we must get this right.

I rise today to speak to the amendments and new clauses tabled in my name specifically, and to address two urgent challenges: protecting children in our digital world and safeguarding the rights of our creative industry in the age of artificial intelligence. The Bill before us represents a rare opportunity to shape how technology serves people, which I firmly believe is good for both society and business. However, I stand here with mixed emotions: pride in the cross-party work we have accomplished, including with the other place; hope for the progress we can still achieve; but also disappointment that we must fight so hard for protections that should be self-evident.

New clause 1 seeks to raise the age of consent for social media data processing from 13 to 16 years old. We Liberal Democrats are very clear where we stand on this. Young minds were not designed to withstand the psychological assault of today’s social media algorithms. By raising the age at which children can consent to have their data processed by social media services, we can take an important first step towards tackling those algorithms at source. This is a common-sense measure, bringing us in line with many of our European neighbours.

The evidence before us is compelling and demands our attention. When I recently carried out a safer screens tour of schools across Harpenden and Berkhamsted to hear exactly what young people think about the issue, I heard that they are trapped in cycles of harmful content that they never sought out. Students spoke of brain rot and described algorithms that pushed them towards extreme content, despite their efforts to block it.

The evidence is not just anecdotal; it is overwhelming. Child mental health referrals have increased by 477% in just eight years, with nearly half of teenagers with problematic smartphone use reporting anxiety. One in four children aged 12 to 17 have received unwanted sexual images. We know that 82% of parents support Government intervention in this area, while a Liberal Democrat poll showed that seven in 10 people say the Government are not doing enough to protect children online.

[Freddie van Mierlo (Henley and Thame) (LD)]

I welcome new clause 1, tabled by my hon. Friend. Does she agree that raising the age of consent for processing personal data from 13 to 16 will help reduce the use of smartphones in schools by reducing their addictiveness, thereby also improving concentration and educational performance in schools?

[Victoria Collins]

That is exactly what is at the heart of this matter—the data that drives that addictiveness and commercialises our children’s attention is not the way forward.

Many amazing organisations have gathered evidence in this area, and it is abundantly clear that the overuse of children’s data increases their risk of harm. It powers toxic algorithms that trap children in cycles of harmful content, recommender systems that connect them with predators, and discriminatory AI systems that are used to make decisions about them that carry lifelong consequences. Health Professionals for Safer Screens—a coalition of child psychiatrists, paediatricians and GPs— is pleading for immediate legislative action.

This is not a partisan issue. So many of us adults can relate to the feeling of being drawn into endless scrolling on our devices—I will not look around the Chamber too much. Imagine how much more difficult it is for developing minds. This is a cross-party problem, and it should not be political, but we need action now.

Let me be absolutely clear: this change is not about restricting young people’s digital access or opposing technology and innovation; it is about requiring platforms to design their services with children’s safety as the default, not as an afterthought. For years we have watched as our children’s wellbeing has been compromised by big tech companies and their profits. Our call for action is supported by the National Society for the Prevention of Cruelty to Children, 5rights, Healthcare Professionals for Safer Screens, Girlguiding, Mumsnet and the Online Safety Act network. This is our chance to protect our children. The time to act is not 18 months down the line, as the Conservatives suggest, but now. I urge Members to support new clause 1 and take the crucial steps towards creating a digital world where children can truly thrive.

To protect our children, I have also tabled amendment 45 to clause 80, which seeks to ensure that automated decision-making systems cannot be used to make impactful decisions about children without robust safeguards. The Bill must place a child’s best interests at the heart of any such system, especially where education or healthcare are concerned.

We must protect the foundational rights of our creators in this new technological landscape, which is why I have tabled new clause 2. The UK’s creative industries contribute £126 billion annually to our economy and employ more than 2.3 million people—they are vital to our economy and our cultural identity. These are the artists, musicians, writers and creators who inspire us, define us and proudly carry British creativity on to the global stage. Yet today, creative professionals across the UK watch with mounting alarm as AI models trained on their life’s work generate imitations without permission, payment or even acknowledgment.

New clause 2 would ensure that operators of web crawlers and AI models comply with existing UK copyright law, regardless of where they are based. This is not about stifling innovation; it is about ensuring that innovation respects established rights and is good for everyone. Currently, AI companies are scraping creative works at an industrial scale. A single AI model may be trained on thousands of copyrighted works without permission or compensation.

The UK company Polaron is a fantastic example, creating AI technology to help engineers to characterise materials, quantify microstructural variation and optimise microstructural designs faster than ever before. Why do I bring up Polaron? It is training an AI model built from scratch without using copyright materials.

Protection of Children (Digital Safety and Data Protection) Bill

Freddie van Mierlo Excerpts

2nd reading
Friday 7th March 2025 Commons Chamber

[Freddie van Mierlo (Henley and Thame) (LD)]

When I was growing up, we were first becoming aware of the digital world. On coming home from school, I would log in to MSN Messenger, check MySpace, carefully arrange the 10 top friends on that platform, and check out online games. Now those early tools have been honed to be as addictive as possible. Social media is a space for unchecked bullying and a place for predators to hide. I got my first phone aged 13, but the most advanced technology on it was an FM radio. Today, phones are not phones at all—they are supercomputers in our pockets. No parent wants their child to be left out, and once that first child in a class gets a phone, the floodgates open. We must give schools and parents tools to overcome that collective action problem.

[Ben Coleman (Chelsea and Fulham) (Lab)]

Will the hon. Gentleman join me in congratulating the Fulham boys school in my constituency, which was the first school in the country to replace smartphones with brick phones? As a result, it has seen pupils become more engaged, better social interactions and improved classroom behaviour. Does he agree that that school sets an example for the country to follow?

[Freddie van Mierlo]

I happily join the hon. Gentleman in congratulating that school.

Unfortunately, what we have seen today is a tragedy of the Commons, with the weakening of this legislation. We could not, even in this Chamber, overcome the collective action problem to deliver tougher regulation—which we need to stop the misuse of technology and keep the next generation safe—rather than reviews and a promise to plan research. I am happy to see other Members contributing to the conversation, but I note that Reform Members, including the hon. Member for Clacton (Nigel Farage), have decided not to grace us with their presence. If they cared so much about the protection of our children, they would be here.

In conversations with friends who have school-age children, I have learned of apps, such as Roblox, that allow any person to open a conversation with another user of the game. I also heard from campaigners that even Spotify can be used to share explicit images and conduct online grooming. I have spoken to parents in Henley and Thame who are distraught that their children were groomed by predators through social media. When they reported the crime to the police, they were told that nothing could be done because a virtual private network had been used. Technology is constantly evolving and we must stay informed of its developments. Parents must be informed of the risks facing children who use social media.

There is a way forward. We are all aware that social media companies are making huge profits from their activity. Introducing a social media levy to increase tax on those companies is an obvious choice. The money collected from the tax could then be used to support children by funding mental health services. Social media is having a detrimental impact on the wellbeing of children. The least we can do is use its profits to mitigate some of the damage.

The digital age of consent must be increased to 16. The age of 13 is too young for a child to consent to the collection, processing and storing of their data. The change would not ban children under 16 from using social media, but it would force social media companies to make applications safer and child-friendly for those under 16. My daughter is just 14 months old, but she is already being targeted by shows that seek to manipulate babies’ brains to avoid losing their attention. That shows just how pernicious the online space has become, and as a father I fear what it will look like in 10 years’ time. We must act.

[Catherine Fookes]

Thank you so much for giving way. Do you agree that, although this point has not come across in the debate, we all meet the most incredible young people every day in our constituencies, and we must congratulate them on the amazing things they do—

[Madam Deputy Speaker (Judith Cummins)]

Order. I remind hon. Members that interventions must be very short at this point, and please do not to refer to each other as “you”.

[Freddie van Mierlo]

I join the hon. Lady in congratulating young people on their work.

I say as a father that we must act now to reduce the harm caused to two current generations of children and never expose future generations to those harms.

Data (Use and Access) Bill [Lords]

Freddie van Mierlo Excerpts

2nd reading
Wednesday 12th February 2025 Commons Chamber

[Peter Kyle]

Of course, we should have had this Bill two years ago. We have seen enormous progress on AI technology since then. I have been at the Paris summit for the past few days, and I saw where this technology is heading. Huge advances in the power of AI and the move towards artificial general intelligence are happening faster than anybody imagined. I cannot guarantee that this Bill will be sound for time immemorial, but I can say that it is fit for the moment in which we are living.

I reassure my hon. Friend that all our regulators have been tasked with assessing how non-frontier AI, as applied throughout the economy and society, will impact the sectors they regulate. The Department for Science, Innovation and Technology is offering assistance, where needed, as we assess the impact across our society.

My hon. Friend refers to a general-purpose technology, and it will therefore be applied and deployed in different parts of the economy and society in very different ways. We must make sure that, as a society, we deploy it safely. Once we ensure that the technology is safe, we can embrace it and explore all the opportunities that it offers.

[Freddie van Mierlo (Henley and Thame) (LD)]

It is hard to imagine a dataset in which it is more important to maintain confidentiality than patient data. This Bill makes changes to the Health and Social Care Act 2012. Can the Secretary of State guarantee that there are no changes to patient confidentiality?

[Peter Kyle]

I am pleased to give the hon. Member that assurance.

Data reform could not be more urgent or more necessary. Governments have spent years waxing lyrical about the immense promise of technology.

Telegraph Poles: Birmingham

Freddie van Mierlo Excerpts

Tuesday 10th December 2024 Westminster Hall

[Chris Bryant]

Let me be 100% clear: where there is existing infrastructure—ducts under the road or whatever —that can be used. In fact, it should be used and different companies should collaborate to make that happen. I am 100% clear that existing infrastructure should and must be used.

There are a few caveats, as the companies themselves would advance. Sometimes people think there is a duct when there is only a cable that has been laid straight into the mud underneath. Alternatively, the pavement might now be so full of different things, including gas connections, water connections, electricity connections and so on, that there is no space for anything else to be ducted through, or the duct sleeve is so full that nothing else can be put in and another sleeve cannot be put in either. I know that is quite a long set of caveats, but those are the realities of the situation.

The commercial reality is that inserting a new duct—that is, digging up the road and putting everything underground —might be very attractive to everybody in the community, but it is nine or 10 times more expensive than putting things on poles. If we want commercial operators to roll things out, there are certain situations where there are going to be poles. I cannot hide that from anybody; it is a simple reality.

As I was saying earlier, the cabinet siting and pole siting code of practice was issued in November 2016. It sets out guidance on best practice relating to deployment, encouraging operators to site apparatus responsibly and to engage proactively with local authorities and the local community. However, some of the things that I have seen being put in—including by Brsk; not often by many other operators—are clearly in the middle of a pathway or driveway, or in other places that are completely inappropriate.

As I understood it in our meeting last week, and indeed in the exchange of letters after that meeting, Brsk committed to change its policy in such situations. At that meeting, Brsk also undertook to engage in far more proper consultation with people. It will not just put up a sign saying, “We are about to put a pole here,” and then put a pole up the next day; it will engage in proper consultation, which means going door to door and explaining things to people. In many areas, Brsk will bring the local community together for a public meeting.

One Member who came to that meeting with Brsk last week said that there had been such a public meeting in their constituency. It had been very effective and people understood the quid pro quo, which was that if there was no means of doing something by ducting, there would have to be poles; if people did not want poles, they would not get the roll-out of fibre; and other operators were not operating in that field. People said, “Okay, well in that set of circumstances, we still want this roll-out to happen, so we will live with poles.” I think most people can live with that model, but even when that is agreed, we still have to make sure that we do not put poles in the middle of someone’s driveway or where they will obstruct people and not meet the requirements of the disability measures in the Equality Act 2010.

As I said earlier, I know the industry has been working together closely. It is not easy or simple to get commercial operators that have their own investors and shareholders in competition with one another to sit down to agree a new guide and a new code of practice, so I pay tribute to everybody at the Independent Networks Co-operative Association for engaging in that way. The vast majority of the altnet companies engaged in that activity are absolutely determined. They want to take the community with them because they want to be able to sell their product, and because they are responsible players in the market. I pay tribute to them where they have managed to do that.

As Brsk knows, we will hold its feet to the fire on all the commitments that it has made in private meetings with me, in the meetings with MPs that we held last week, and in writing. Before it starts rolling out in a particular area, it needs to explore far more thoroughly what ducting might be available, which might be through BT Openreach or Virgin. It will consult properly in a local area where people lobby and argue that the siting of a pole is particularly inappropriate. It will look at moving it in so far as it possibly can.

[Freddie van Mierlo (Henley and Thame) (LD)]

Does the Minister agree that the siting of poles is particularly important when we consider national landscapes? It needs to take into account the broader context. Does he also agree that, where local communities are willing to engage with operators and local authorities to fund undergrounding, that would be a good approach?

[Chris Bryant]

That is the first time that anybody has come to me and said that a local community would fund the ducting, which is an expensive business. All sorts of competition issues might then arise. I am hesitant to advance a yes or a no to that, because one would have to explore whether that was in effect a state subsidy, how that would be provided and what kind of contract there would be for maintenance of the duct—I can foresee all sorts of problems. I am not trying to be a part of the blob, but simply to be as clear as I can about what is possible and what is not.

The hon. Member makes an important point about the desirability of poles in areas of natural beauty and whether we can or cannot have poles. I have seen many different instances—I have tried to go through as many of them as possible as a Minister—such as where people thought the issue was about a duct that somebody was refusing to use, and it turns out it is not a duct at all but a cable laid in sand, so I am quite hesitant about holding forth on where we can or absolutely cannot have a pole.

In case anybody thinks I am being nimbyish, I have poles in my street, and I am about to have another set of poles in my street. I am relatively chilled about that, but I fully understand the issue where someone has never had a pole in their street. Part of the area’s beauty is that it looks remarkably like it did in the 18th or 19th century, and people want to preserve it that way. The downside is that commercially they will probably not get gigabit-capable and fibre-based broadband, which might be more of a problem for the community than having the poles.

I think I have exhausted the subject, unless anybody else wants to have a go at me. I pay tribute to my hon. Friend the Member for Birmingham Edgbaston. I am sure that we will return to the issue as many times as necessary if Brsk refuses to fulfil its promises. I believe that when we sat down with the senior management, they were sincere and honest in the commitment that they were making, and that they did not have as full an understanding of people’s feelings in some communities as they needed to have. As I promised my favourite MP—I cannot say that too often—I will hold the company’s feet to the fire throughout.

Question put and agreed to.