Data (Use and Access) Bill [HL]

Lord Bassam of Brighton Excerpts

Tuesday 19th November 2024 Lords Chamber

[Lord Bassam of Brighton (Lab)]

My Lords, when we considered the Data Protection and Digital Information Bill earlier in the year, I confessed to feeling somewhat out of my depth and at the edge of my comfort zone. It is with some trepidation that I enter this debate, in particular following the brilliant speeches by my noble friends Lord Knight and Lord Stevenson, and the noble Baroness, Lady Kidron, who lead in this field and understand the subject much better than I do.

Like others, I am delighted by the changes that the Bill brings forward, not least because, when we were in opposition, the noble Baroness, Lady Jones, and I attacked the DPDI Bill for being incoherent and lacking vision. It was simply a bundle of proposals that many people did not want. Although this data Bill is still a considerably large piece of legislation, it is much narrower and the better for it. Firms and data subjects alike will more easily understand it. Therefore, I hope it keeps us much closer to the EU’s rules, as we approach its crucial review of the UK’s data adequacy decision.

The Minister correctly set this new Bill in the context of driving economic growth. The Bill rightly focuses on harnessing data for economic growth, supporting modern digital government, and improving or seeking to improve the lives of our citizens. The last Administration sought to dramatically water down the rights of data subjects, particularly around data subject access requests and high-risk processing. This Bill has dropped many of those proposals, leaving in place the requirement to have UK-based representatives and maintaining the duties of data protection officers, which include carrying out impact assessments. This should reassure individuals that their data will continue to be kept safe.

The last Bill contained some egregious measures—others have referred to the DWP measures that would have required banks and financial organisations to provide data about accounts linked to benefits claimants, including the state pension. That, thankfully, has gone, with Labour’s promise to introduce a separate Bill tackling fraud and error.

Gone too are the plans to give the Secretary of State a veto on codes of practice prepared by the Information Commissioner, which called into question the commissioner’s independence. Similarly, the Government have taken out plans to abolish the Biometrics and Surveillance Camera Commissioner, as the noble Lord, Lord Vaux, rightly mentioned. A number of colleagues expressed concern about the implications of this, when the use of such data and equipment was becoming more widespread, rather than less. Again, this Bill does not include these measures, leaving those officers and the requirements on them very much in place.

The last Government sought to change data rules on political parties, allowing them to use certain datasets for campaigning purposes. Former Ministers could not properly explain what this would mean in practice or where the request had come from, so removing these measures from the Bill is, again, welcome.

When introduced, the DPDI Bill did not contain measures on coroners’ access to data, despite that having been promised to the noble Baroness, Lady Kidron. As Opposition Front-Benchers, I and the noble Baroness, Lady Jones, made commitments to her that we would take this forward. This Bill delivers on that manifesto commitment. Similarly, we worked collaboratively with the noble Lord, Lord Bethell, during the passage of what became the Online Safety Act to promote access to data for researchers. The inclusion of such measures in this Bill again shows that the Labour Party is following through on its commitments, including those given at the time of the election.

Like other noble Lords, I have received a number of briefing papers, some of which raise highly interesting questions and points. The Law Society says it remains concerned about the UK’s ability to ensure that we meet EU data adequacy standards. I recall that we were concerned about this in opposition. It suggests that Clause 84 deregulates the transfer of data across borders and international organisations, so can the Minister reassure the House and me that this will not put the UK at risk during the 2025 assessment of data adequacy? In a similar vein, can she assure noble Lords that the newly formed information commission will maintain sufficient independence from government and entrench our EU-UK data adequacy in that respect?

Another issue raised during debates on the DPDI Bill was the need to ensure that there is meaningful human involvement in decisions where automated decision-making processes are in play. Other noble Lords have raised this again. Can we have an assurance that the ethical principles of safety, transparency, fairness and contestability will be properly in place?

One other area which I know the Minister is interested in and excited by is the potential of the legislation in relation to the national underground asset register. We probed this in opposition; are we satisfied in government that the move to an NUAR over the next year or so will take into account the existence of the private sector company LinesearchbeforeUdig and ensure that there is a smooth transition to a national network? Given the current impact on critical national infrastructure of £2.4 billion-worth of accidents in our various grids, we must make sure that we harvest the benefit of the new technology to protect that critical part of infra- structure and our national economy.

Finally, I raise the concerns expressed by the News Media Association about the unlicensed use of data created by the media and broader creative industries. It argues that this represents intellectual property theft by AI developers. The consequences of AI firms being free to scrape the web without remunerating creators can be profound. Its long-term fear is that this will reduce investment in trusted journalism. If less and less human-authored intellectual property is produced, tech developers may find ultimately that the high-quality data essential for generative AI is lacking. I realise that this Bill does not cover AI, but it is important that, if we are to drive growth and innovation using AI, we consider developing a dynamic licensing market by making the UK’s copyright regime enforceable. Can the Minister offer some insight into government thinking on that point?

This is a much more narrowly focused Bill, large though it is, and benefits from it. I think the hours we spent earlier in the year interrogating the DPDI Bill were well spent, because they paved the way for this more streamlined and pragmatic approach, which we welcome.