Data (Use and Access) Bill [ Lords ] (Third sitting)

Steff Aquarone Excerpts

Committee stage
Tuesday 11th March 2025 Public Bill Committees

[Chris Bryant]

The new lawful ground of recognised legitimate interest in clause 70 and schedule 4 have been designed to give organisations greater confidence when processing personal data for important public interest objectives, such as preventing crime, safeguarding vulnerable individuals and protecting national security. They also ensure that non-public bodies can share information with public authorities where it is necessary and proportionate to do so without having to conduct a complex balancing test in situations where timely action is essential.

Amendment 49 would remove that provision, making it harder for organisations to share data confidently and swiftly for those public interest purposes. I recognise that the hon. Lady might be concerned that the removal of the need to do a detailed legitimate interest balancing test in this narrow set of circumstances could reduce protections, but strong safeguards remain in place, as was recognised in the House of Lords, which did not approve such an amendment. Any processing must still be necessary and proportionate and comply with data protection principles under UK GDPR to ensure that individuals’ rights continue to be protected.

Amendment 50 would remove the Secretary of State’s ability to amend the list of recognised legitimate interests using regulations, and delete the list itself from schedule 4 of the Bill. We believe that the ability of the Secretary of State to amend the list is a necessary safeguard to future-proof the framework. This power is not unrestricted. It is subject to strict safeguards, including parliamentary approval by the affirmative resolution procedure and the requirement that any additions must serve public interest objectives under article 23(1) of the UK GDPR. Removing the power would make it more difficult to adapt the framework over time.

I have also considered amendment 53, which would prevent health data being processed under the new lawful ground, and I would argue that it conflicts with amendment 49. Health data would be processed under this new ground only in so far as that was necessary for one of the specified recognised legitimate interests in schedule 4 to the Bill. Any processing of health data would also have to meet one of the relevant criteria for processing specific category data in article 9 of UK GDPR and schedule 1 to the Data Protection Act 2018. On that basis, I hope that the hon. Lady will feel able to withdraw her amendments.

[Steff Aquarone (North Norfolk) (LD)]

I rise to speak to amendment 53. I thank the Minister for his comments, and it is a pleasure to serve under your chairship again, Mr Turner. I support the words of my hon. Friend the Member for Harpenden and Berkhamsted. I am concerned not by the unchecked power of the Secretary of State under this regulation—we of course have precedents to go with under GDPR—but it is the specific and extremely high-grade personal health data that remains a concern for me.

[Victoria Collins]

I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Question proposed, That the clause stand part of the Bill.