Data (Use and Access) Bill [Lords]

Debate between Max Wilkinson and Matt Rodda
Max Wilkinson Portrait Max Wilkinson
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The hon. Lady’s contribution is as right as all the others she has made during this debate and the general debate a couple of weeks ago.

I will immediately move on to the point that data is an abstract term and is being used to cover all sorts of information in these debates. Yet all data is not equal and our legislation must properly reflect that. For example, there is a clear and obvious role for AI in processing health data in a way that helps doctors with diagnosis and benefits patients with faster treatment. The same might apply to the chats we have with our local councils about bins, planning or licensing. Yet even though no one will disagree that the UK firms innovating in science, medicine, climate change and other key industries must not be stymied, the training data for other AI systems—the data we are talking about—is literature, poetry, music and art. Those are things that are creative in essence. It is not just data; it is creative endeavour and an extremely human form.

One of the options in the current consultation would abolish the copyright protections that underpin the livelihoods of our creative sector and, as others have said, that would be ruinous for the creative industries. Furthermore, the unintended consequences could actually harm the long-term development of AI models that we will all come to rely on. High-quality data is essential for training good AI models, but publicly available human-created text data might become the minority online. We have all seen the mistakes that AI can produce and a model trained on bad data will only produce bad results. The Government are rightly ambitious for AI, and part of that ambition must include producing models with traceable data that the public can be assured meets a high standard. Ministers should be embracing our copyright laws precisely because that is a means to improve AI, as well as protecting our creatives.

A reliable licensing system will ensure that AI models are being created using high-quality, human-generated data. Oversight of what is used to train those models will only help to build trust in what is a very new technology that the public is sceptical about. To that end, the Liberal Democrats support the amendments that have come from the House of Lords, which seek to strengthen the rights of creatives. The Government must think carefully about which side of the argument they support, and I have been pleased to hear some of the Secretary of State and the Minister’s reassurances today. We will be watching closely.

We can take more positives from other parts of the Bill, and to reflect on that, I will move on to discuss some constituency matters. I am more optimistic about the Bill’s potential to improve the situation of bereaved parents, which the Minister and I have discussed fairly recently, and I hope Ministers will confirm that that opportunity will be taken.

Many in the House will be familiar with the story of my constituent, Ellen Roome, who tragically lost her 14-year-old son Jools to suicide. In her search for answers about the circumstances leading up to Jools’s death, Ellen has come up against outdated laws and social media giants taking an intransigent approach to sharing data that should naturally be hers as a parent. We are talking about the things that, in the past, she would have been able to find out by looking through her child’s bedroom—things that might have been in wardrobes, stored under the bed or in school notes. These days, those bits of data will be on multiple social media accounts.

This is the subject of my private Member’s Bill, the Social Media (Access to Accounts) Bill, also known as the Jools’ law Bill. This Bill would give parents access rights to their deceased child’s data automatically, so other grieving parents will never face the challenges and the huge legal costs that Ellen has had to endure. I note the plans announced by Ministers include establishing an information commission with a duty to ensure children’s data is protected. This is a welcome step which I hope will strengthen the protections children badly need online, but we must ensure the commission is effectively resourced to take on the social media giants, who have made it clear that they only want profit.

Matt Rodda Portrait Matt Rodda (Reading Central) (Lab)
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First, I offer my deepest condolences to the family concerned. In my constituency I also had a challenging case where a young boy lost his life. It is entirely appropriate that the Government are taking this forward, and I commend Ministers for their work on it and also thank the hon. Gentleman for his work on this important matter.

Max Wilkinson Portrait Max Wilkinson
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I thank the hon. Gentleman. The purpose of my points today is to make sure that, while the data Bill progresses, consensus is built in this House that we all acknowledge that parents should have the right to their children’s data in cases where a child has died of suicide. That is a simple principle, and I am sure the hon. Gentleman would agree with it, as I know Ministers do. That consensus must be borne out in the legislation that we pass.

I am hopeful these circumstances will be covered in the final Bill, and that the Jools’ law Bill will become law. So I ask Ministers today: will we have clarity on the Government’s plans in this area, and will they support parents like Ellen? Will the Government accept the principles my constituent Ellen is pursuing? It is a simple ask that parental access to social media accounts data is protected in the event of a child’s death, that social media companies are obliged to retain that data for a suitable period of time, and that data is made available to inquests so coroners can make judgments to prevent such tragedies from happening again.