Public Authorities (Fraud, Error and Recovery) Bill (Second sitting)

Debate between Mike Wood and Charlie Dewhirst

Committee stage
Tuesday 25th February 2025 Public Bill Committees

[Charlie Dewhirst (Bridlington and The Wolds) (Con)]

Q The Information Commissioner has indicated that some of the areas of previous concern on the Data Protection and Digital Information Bill have been answered. Do you not share that position, and do you continue to have concerns in that area?

Ellen Lefley: We continue to have concerns, acknowledging that there are two key oversight mechanisms in the Bill that were not in the previous one: this independent reviewer role and the code of practice. It would be far easier for Justice, but more importantly for Parliament, to be assured of the proportionality of any human rights infringement if that code of practice were before us.

Paragraph 79 of the human rights memorandum to the Bill notes that the code of practice will significantly impact whether the EVN measures are proportionate and prevent arbitrary interference with people’s privacy. It would therefore be very helpful to see that detail in order for Parliament to be confident about the content of that code of practice and how these powers will actually be used.

[Mike Wood]

Q I want to stay on the artificial intelligence framework. You have spoken about the changes being made in the Data Protection and Digital Information Bill. Other than the undertakings given by Ministers, what legal restrictions would there be on the operation of artificial intelligence in decision-making and investigation under this Bill?

Ellen Lefley: I will try to give a very brief summary of the wider legislative framework that operates with respect to artificial intelligence in general. There are, of course, human rights obligations on any public authority or any authority exercising public functions, as well as equality obligations against direct and indirect discrimination. There is the data protection framework, which of course relates to personal data. Then there are different obligations on artificial intelligence use within different sectoral areas.