Data (Use and Access) Bill [Lords]

Debate between Siân Berry and Alex Sobel

Wednesday 7th May 2025 Commons Chamber

[Siân Berry (Brighton Pavilion) (Green)]

I rise to speak to new clause 15, but I also want to associate myself with the many right hon. and hon. Members who have spoken up for our creative industries. Our most talented and creative minds have not been getting fair representation from the Government up to now, and this has been a very interesting, well informed and, hopefully, influential debate today. New clause 15 is about privacy, safety and providing a dedicated complaints procedure for individuals including victims of modern slavery, domestic abuse, gender-based violence and for others at risk of serious harm if their personal data is mishandled.

This is not a theoretical question. Last November, The Independent reported on Lola, a domestic abuse victim whose home address was leaked to her ex-partner by a company that obtains restraining orders. She said that she was left fearing for her life. As the Open Rights Group has laid out in its briefing, the Information Commissioner’s Office is not functioning as it should be in cases such as this. I have many examples—including how Charnwood district council sent details of the new address of an abused woman directly to her abuser at her former address, so that her abuser knew where she lived—yet people placed at risk in this way currently have no means of challenging the Information Commissioner’s Office if it fails to take the right action, which happens too often. New clause 15 simply proposes dedicated procedures to support vulnerable people making complaints and a right to appeal to the Information Tribunal, a route currently available to large tech firms but not to the people harmed by their practices. I hope that Ministers will take these proposals up.

On other amendments, I fully back the Liberal Democrats on new clauses 2 to 6, which I am signed up to. I personally will abstain from voting on the Liberal Democrats’ new clause 1 and on the Conservatives’ new clause 19. This is because, although I am minded to increase the age of digital consent from 13, given the wider implications of harmful content and data that can be collected and used to do harm, my discussions locally with parents and young people in Brighton Pavilion have led me to want to properly include both groups in any decision on what that new age should be, given that it would cut people off from social media. We must have rapid and real processes of deliberation on this issue as soon as possible that are not just consultative but collaborative.

Finally, new clause 21 is of serious concern to my constituents, and I agree with them and TransActual that it would constitute a gross violation of privacy rights by creating a mass outing of trans people. Subsection (1)(d) of this new clause even goes so far as to seek to revert historical changes made to someone’s gender marker. I urge the Government to reject this and to act further to protect trans rights more broadly.

[Alex Sobel (Leeds Central and Headingley) (Lab/Co-op)]

I rise to speak to my new clause 14 and amendment 10. Furthermore, I would like to make note of my steadfast opposition to new clause 21, which does not simply change data collection. It proposes to mark and track individuals based on “sex at birth”, regardless of their lived reality, legal recognition or consent. No one—not a Government, not a public authority, not a politician—has the right to define who another person is; only the individual can do that. This is a fundamental principle of dignity and respect that transcends political views and legal debates. We must reject new clause 21.

Moving on to my new clause 14, it is widely accepted that AI has already ingested everything on the internet, whether it be music, films or books, yet there is no legal requirement on these companies to disclose what they have used, making it difficult for musicians and authors to enforce their rights and, crucially, to be paid for their work. So I urge the Minister to give a commitment to legislating for transparency to protect the creative industries.

I note the Government’s new clauses 16 and 17 as a starting point, but we both know that we want to see a thriving licensing market between content creators and AI developers. A transparency commitment today would enable that licensing market as creators would be in a position to enforce their rights and demand fair pay. There would be certainty for AI developers, removing the risk of mitigation in the future. Without transparency, there is no incentive for AI firms to reach agreements with creators, and billionaire-owned tech firms will continue to rip off musicians, filmmakers and authors.