Cyber Security and Resilience (Network and Information Systems) Bill

Debate between Victoria Collins and Ben Spencer

Report stage & 3rd reading
Tuesday 16th June 2026 Commons Chamber

[Victoria Collins]

I do not think that the hon. Member has understood our amendment, which is about having a strategy. It does not say that everything should be sovereign, but we need to look at our tech stack and have a strategy for what is sovereign and what requires the procurement of elements. I ask him to look at our amendment again.

[Dr Spencer]

I refer the hon. Member to her new clause 13, particularly subsection 3(c), which makes it very clear that companies would need to deviate from “foreign technologies”, which would be quite a burden.

We need to back Britain in key sectors, from quantum and photonics to chip design and innovation. In so many areas, we lead the world. We should not try to restrict the influence and access of global markets. We must engage not in protectionism, but in leverage, to back Britain and position ourselves so that we are indispensable in the modern global tech sector and supply chains.

Data (Use and Access) Bill [Lords]

Debate between Victoria Collins and Ben Spencer

Consideration of Lords message
Wednesday 14th May 2025 Commons Chamber

[Dr Ben Spencer (Runnymede and Weybridge) (Con)]

It is a pleasure to rise to speak on Lords amendments to the Data (Use and Access) Bill. Over the course of debating the Bill, it has become customary to thank those in the other place for the work they have done, particularly Baroness Owen for her work on deepfakes and others who have campaigned boldly in that area.

I will begin by speaking to Lords amendment 49B. We have been clear that supporting the creative and AI sectors is not a zero-sum game; we need to support both sectors. Through their ham-fisted consultation on copyright and AI, the Government have raised great concern throughout the creative sector, and the resulting attempts to amend this Bill have been in response to the mess they have created. In Committee and on Report, we set out a series of amendments that focused on the outcome—not the process—for a solution in this area. Those amendments focused on ensuring that the position in law of copyright in this area was clear, on the need for proportionate and effective transparency, on removing barriers to start-ups, and on facilitating technological solutions via digital watermarking.

In one of the many interventions on the Minister, my right hon. Friend the Member for North East Cambridgeshire (Steve Barclay) mentioned the importance of implementing digital watermarking. He referred to it as a response to deepfakes, but it also has relevance to technical solutions, and it strikes me as quite odd that the Minister went on to cover broadly the same topics in his opening remarks, despite pointing out to my right hon. Friend that those topics were not relevant to the ongoing debate. That indicates how confused the treatment of this area in the Bill has become, and the need for clarity.

I pay tribute to Viscount Camrose, Lord Parkinson, my hon. Friend the Member for Gosport (Dame Caroline Dinenage), my right hon. Friend the Member for Maldon (Sir John Whittingdale), Baroness Kidron, and others in this House and in the other place, for their work on amendments to reach a resolution in this area. We had sympathy with earlier versions of those amendments, but also concerns about their workability and prescriptiveness. We have worked with Baroness Kidron to get to a position that we can now support; we believe that solutions need to incorporate the principles of transparency and proportionality. The amendment is not a perfect solution, but it is more reasonable than doing nothing.

I find it astounding that the main criticism that the Minister has made of Lords amendment 49B is that it has a run-in period prior to implementation and that people are calling for things to happen now. That is an odd way of approaching legislating. As the Opposition, we are working with other parties, among others, to try to find a solution to get the Minister out of a hole. I hope that Members across the House support the amendment.

Moving on to digital verification services, I welcome the Lords’ disagreement with amendments 32 and 52, and support their amendments 32B, 32C, 52B and 52C on sex data accuracy, which received the support of Members in the other place. As my noble Friend Viscount Camrose said in his speech, it was necessary to re-table amended versions of the clauses on data accuracy previously secured in the other place because our new clause 21 was not in scope for debate in the Lords. The Lords amendments are technical and complex, so if you will forgive me, Madam Deputy Speaker, I will speak briefly to new clause 21 to explain for the benefit of Members how things have evolved over time.

Our new clause 21 would have compelled public authorities to correct the datasets they hold in relation to sex and to collect data on the protected characteristic of sex in accordance with the legal definition set out in the Supreme Court’s judgment: biological sex. It would also have allowed public authorities to collect data on acquired sex as recorded on a gender recognition certificate where that is relevant and lawful. It would have imposed no new obligations on the correction of data held by public authorities—the obligation already exists under article 5(1)(d) of the UK General Data Protection Regulation—but would simply have put in place a timescale for correcting data on sex. We know from the findings of the Sullivan review that that correction is much needed and long overdue.

To address a misconception, new clause 21 was silent on how sex is recorded in physical and digital forms of identity for those holding a gender recognition certificate. That is a sensitive issue for the 8,500 holders of GRCs in the UK, and we hope that much-needed clarity in this area will be given by the Equality and Human Rights Commission in its guidance due to be laid before Parliament next month. It will be up to the Secretary of State to make rules as to how that guidance is implemented in digital verification services. However, that issue, while important, does not affect the clear obligation that already exists in law to record data on sex accurately.

Lords amendments 32C and 32B, and disagreement with amendment 32, would compel the Secretary of State to examine whether the public authorities that will act as data sources for the digital verification services system ascertain sex data reliably in accordance with biological sex and, where lawful and relevant, with sex as recorded on a gender recognition certificate. That would prevent inaccurate sex data from being entrenched and proliferated in the digital verification services system. Lords amendments 52B and 52C, and disagreement with amendment 52, would give the Secretary of State the power to define in a data dictionary sex data as biological sex and, where relevant, sex as recorded on a gender recognition certificate. That could then be applied across the digital verification services system, the register of births and deaths, and other circumstances where public authorities record personal data. The amendments are critical for correcting our compromised datasets on sex and would ensure that poor-quality and inaccurate data does not undermine digital verification services.

To be clear, if our amendments do not make it into the Bill, self-ID will be brought forward through the back door, risking the protections that single-sex spaces offer to everyone. Self-ID is not and never has been the position in UK law. I do not understand why the Government are resisting these measures. Digital verification systems need to be trustworthy to deliver the benefits intended by the Bill. If they are not trustworthy, the system will fail. I therefore commend these vital and much-needed amendments to the House.

[Victoria Collins (Harpenden and Berkhamsted) (LD)]

Let me join others in expressing my gratitude for the work of many Members, especially in the other place—in particular, Baroness Owen and Baroness Kidron—but also across this House. There has been a great deal of cross-party work, including much constructive discussion on many elements of the Bill with the Minister. Today, though, I will refer specifically to Lords amendment 49B.

I am lucky enough to represent a part of Hertfordshire that is woven into British creativity, from Graham Greene of Berkhamsted, whose masterpiece “Brighton Rock” shaped our cultural consciousness, to Eric Morecambe of Harpenden, whose partnership in Morecambe and Wise brought joy to millions, while the music of the Devines from Berkhamsted gets us up and dancing, and local artists such as Mary Casserley and Andrew Keenleyside paint our daily lives in ways that bring perspective, colour and joy in a way that only artists can achieve. Our landscapes in Ashridge and Aldbury have inspired film-makers from Disney to the producers of the Harry Potter films, and our pubs have been featured in films including “Bridget Jones”.

Today, this creative legacy faces an unprecedented threat. The current situation is more than just alarming; it is threatening the essence of our national identity and our creative economy. We hear concerns about resources for protecting our creative sector, but those arguments miss a crucial point: our creative industries, combined, contribute £126 billion to our economy, employ 2.4 million people, and are growing significantly faster than the wider economy. The question is not whether we can afford to protect these industries, but whether we can afford not to. When we invest in enforcing copyright protections, we are also investing in safeguarding one of Britain’s greatest economic assets and our competitive advantage on the world stage.

The transparency provisions in Lords amendment 49B are essential and proportionate. They apply proportionately to businesses of different sizes, while ensuring that our creative powerhouse can continue to thrive and, indeed, work hand in hand with technology. True leadership in AI means building on respect for creativity, not exploitation. Let me make it clear that this is not about resisting technology, but about recognising value and safeguarding innovation—and that brings me back home to Berkhamsted.

In the heart of my constituency sits the British Film Institute National Archive, one of the largest and more significant film collections in the world, comprising over 275,000 titles and 20,000 silent films dating back to 1894. It is a living memory of our national story, told on screen. Would we allow anyone to walk into the BFI and take whatever they liked? Would we let them scan, copy and republish those works without permission or compensation? Of course not. So I ask the Minister, why would we allow the same thing to happen in the digital world?

This is a defining moment. We can build an AI-powered future that respects and rewards creativity, or we can allow short-term interests to strip-mine the work of generations. The question before us today is simple: will we stand for a future when technology and creativity flourish together, or will we allow the foundations of our cultural life and economic prosperity to be hollowed out for short-term gain? I urge the Government to stand up for our creators, stand up for transparency, and stand up for the principle that, in the age of AI, human creativity still matters.

Data (Use and Access) Bill [Lords]

Debate between Victoria Collins and Ben Spencer

3rd reading
Wednesday 7th May 2025 Commons Chamber

[Victoria Collins]

I would just like to clarify that we have thought long and hard about this Bill, along with many organisations and charities, to get it right.

[Dr Spencer]

That is good to hear.

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

Debate between Victoria Collins and Ben Spencer

Committee stage
Tuesday 11th March 2025 Public Bill Committees

[Dr Spencer]

Ah, the temptation.

The point about automated decision making is that decisions can be made about people without their involvement, which can have substantial consequences, particularly when decisions are made in the public sector. Of course, automated decision making takes place all the time, day in and day out. We saw it on a huge scale during the covid pandemic when people had to sign up to universal credit, as there were checks on people’s basic characteristics and assets to assess their eligibility. Those decisions had quite a substantial impact on people, but the data points were actually quite simple and straightforward. As I understand it, no particular concern was raised about automated decision making in that context, apart from a few examples where people’s circumstances were remarkably unique.

The purpose of the Bill is to scale up, particularly when it comes to AI and more sophisticated decision making. We think the new clauses seek to place onerous and unnecessary obligations on Government bodies and public authorities. New clause 1, among other things, would require public bodies to give notice on a public register for each and every function they perform where automated decision making is used. New clause 4 would oblige the Secretary of State to put in place and maintain a public register of all semi-automated or fully automated decision-making tools used by public authorities in relation to individuals, with public bodies being precluded from using such tools in advance of their registration.

New clause 7 would provide service users with a range of powers to request information from data controllers in relation to the workings of wholly or partly automated decisions, and to purportedly high-risk decisions. I am amazed by the provisions suggested in new clauses 7 and 26 by the hon. Members for Harpenden and Berkhamsted and for North Norfolk. They seem to give quite extensive discretionary powers to the Secretary of State to define high-risk decisions and regulate them accordingly. I was surprised to see the extent of the powers handed over to the Secretary of State by these new clauses.

The new clauses are especially burdensome and unnecessary, given the widespread use of automated decision making for initial assessments in the Department for Work and Pensions, as I alluded to earlier. Automated decision making is a subject of significant debate, and clause 80 includes more safeguarding measures in proposed new article 22C of the UK GDPR. Those safeguards include requirements on data controllers to provide information to data subjects about significant decisions being taken through solely automated processing, the right to contest those decisions and the right to seek human intervention at the request of the data subject.

Our view is that clause 80, as drafted, provides a proportionate approach to the protection of individual rights, and that these tools will help with potential speed and, importantly, efficiency gains, which I mentioned earlier with regard to the use of automated decision making for universal credit in the response to covid. The basic functions of Government and public authorities rely on widespread automated decision making.

[Victoria Collins]

I like to think that the Liberal Democrats are aligned on automated decision making and AI being an exciting opportunity for this country, but it is a fundamental shift. It is our job as a constructive Opposition to put forward proposals for consideration, so that there is proper scrutiny and ideas to ensure we take the public with us. All our proposals are made in that light.

Behind these decisions are real people’s lives. I have a family in Wheathampstead who are desperate for a social home to fit their family life. I have someone from Tring—I will call him John—who says he has been systematically failed since high school. His universal credit claim was closed because he did not upload the correct documents, and he feels that a lack of human understanding of why he was unable to do so was a barrier to getting the help he needed. Another case involves HMRC, with a constituent being taxed on pension income he is not actually receiving—it was only after hours of support from my team and the Department that we were able to turn his case around.

The point is that it will be very difficult for people to fix errors that result from automated decision making if there is not enough transparency. We have to get that balance right. The Secretary of State’s power to define crucial terms such as “meaningful human involvement” and “similarly significant effect” creates uncertainty and the potential for watering down protections.

Clause 80 seeks to update the safeguards around automated decision making, but organisations such as Justice and the Open Rights Group have real worries that it weakens those vital safeguards by broadening the scope for purely automated decisions. Furthermore, the considerable powers granted to the Secretary of State to amend or set aside the safeguards through secondary legislation create a concerning lack of parliamentary oversight.

It is with these reservations in mind, and as a constructive Opposition, that we tabled these new clauses. New clause 1 would place a clear requirement on public sector organisations regarding the use of algorithmic automated decision making. It would demand public notice of their use and the provision of meaningful and personalised explanations to affected individuals about how and why a decision was made. I have already raised some cases that the provision would impact, and I am sure we all have similar cases in our inboxes. New clause 1 directly tackles the concerns about transparency and the right to an explanation—a principle that the Liberal Democrats firmly believe in.

New clause 4 proposes the creation of a publicly accessible register of AI and algorithmic tools in the public sector. New clause 7 seeks to empower individuals by granting them the right to request comprehensive information on decisions based wholly or partly on automated processes that have a legal or similarly significant effect on them. This aligns with the Liberal Democrats’ commitment to ensuring accountability and redress.

New clause 24 proposes the establishment of a public register of all automated or semi-automated systems used by public authorities to make or materially influence decisions. These measures would help to promote transparency and enable public scrutiny, which is something that this House and its Members are here to do, either through legislation or for our constituents on a daily basis. It is important that we ask questions about these increasingly influential technologies.

Finally, new clause 26 would reinforce the right to an explanation by requiring data controllers to provide, on request, clear explanations of high-risk AI decisions. We need to ensure that meaningful human involvement remains central.

The new clauses are not intended to stifle innovation, but to ensure that the evolution of data use is guided by principles of fairness, transparency and accountability. We must ensure that data truly is the new gold for everyone, and that individuals’ rights and protections are not devalued in the process. Indeed, innovation is often better promoted by guidelines. The new clauses represent our commitment to ensuring that clause 80 truly modernises our data laws without sacrificing the fundamental safeguards that protect everyone, including the people behind those decisions. I thank the Minister for his consideration.

--- Later in debate ---

[Dr Spencer]

At the heart of new clause 21 is the aim to restrict access to certain social media platforms by children under the age of 16. I am very sympathetic to the motivations of the hon. Member for Harpenden and Berkhamsted.

[Victoria Collins]

I just want to clarify that the new clause is about the age of data consent, not access to social media. I will cover that in my speech, but I want to ensure that is clear.

[Dr Spencer]

I thank the hon. Lady for that clarification. Nevertheless, I think there is an overlap with the debate that took place in the Chamber last Friday on the ballot Bill introduced by the hon. Member for Whitehaven and Workington (Josh MacAlister), which has been dubbed the safer phones Bill. We all took part in that debate.

During Friday’s debate, I highlighted the mounting research and evidence on the harm to adolescents’ mental health from social media platforms. Policy in this area needs to be developed based on the best data and evidence. In that regard, we also need to learn from the roll-out of the Online Safety Act 2023 and the implementation of Ofcom’s guidance on putting in place age assurance in relation to particular types of content and data.

I welcome reports that the Government intend to commission the chief medical officer to review the harms associated with this area. It is disappointing that the Minister did not give a firm commitment on that from the Dispatch Box last Friday. Will he take the opportunity to do so today?

[Victoria Collins]

I start with the young people at the heart of this. We have indeed debated this time and again, and it is important that we keep that going. I have been on a Safe Screens tour, speaking to young people across Harpenden and Berkhamsted—from Ashlyns school in Berkhamsted to St George’s school in Harpenden, and beyond. Girl guides have spoken to me of their concerns about online bullying and harmful content. When I visited local schools on my Safe Screens tour, young men told me that social media has shown them extreme content that they do not want to see, and despite their efforts to block or ban it, the algorithm brings it back. Young women have told me of their worries about the growing misogyny in online content. Together, young women and men alike have talked about the impact on their body image, bullying and the amount of time sucked up by social media—time they want to spend doing other things.

There is mounting evidence of the negative effects of our children’s exposure to an unsafe online environment. Every day, we hear the concerns of parents, the anxieties of teachers and, crucially, the voices of young people themselves, all crying out for action to ensure their safety online and calling for stronger regulation of their online experience. I realise that the Online Safety Act is moving forward, but it will not go far enough.

This is a matter of profound importance for the wellbeing of our nation’s children and young people. The digital world is now the fabric of our lives and the lives of young people—it is where they learn, connect and seek entertainment—and yet, as the digital landscape expands, so do the risks they face. As 5Rights highlights,

“the enormous potential of technology can only be realised when it is designed with children in mind”.

Parliament now has an opportunity, perhaps even an obligation, to help shape that technology. It is disappointing that the safer phones Bill was watered down, so we have tabled new clause 21 as a crucial step to strengthen protections for young people in the digital age. It seeks to bring UK data law in line with many of our European neighbours, by raising the minimum age at which internet companies can collect, process and store a user’s data without explicit parental consent to 16.

New clause 21 is not about banning children under the age of 16 from accessing social media. It is important that the responsibility lies with the social media companies to ensure that online spaces are age-appropriate, and to manage content and features. This new clause is a targeted and proportionate measure to require online services to change fundamentally how they handle children’s data. This crucial change will necessitate restricting the pervasive and often harmful influence of algorithms to make the platforms inherently less addictive and ultimately foster a more child-friendly digital environment.

It is imperative that digital technology is designed with the best interests of our children and young people at heart, ensuring that their rights and privacy are upheld—not as an afterthought, but with safety by design and by default. Furthermore, new clause 21 underscores the fundamental principle that the responsibility for managing content and features must remain firmly with the social media companies. We call for the establishment of robust digital standards to ensure that platforms prioritise child safety and privacy as their default setting, rather than as an optional extra.

Our duty to protect children online, however, cannot end with new clause 21. We call on the Government to take further action, such as explicitly recognising and treating children’s use of social media as a critical public health issue, thoroughly examining international best practice, identifying innovative solutions to the challenges we face, and developing evidence-based policies that will demonstrably improve online safety for children. I welcome the Government’s proposal last week to introduce a cross-Government safer screens taskforce to look at research into the multifaceted impact of social media on children’s wellbeing.

This is not an overnight phenomenon. Last year marked 20 years since Facebook was created and 18 years since the smartphone was launched. We now face mounting calls from young people, parents and teachers. Now is the time for greater action on the gaps left by the Online Safety Act. I urge the Government to recognise the urgent need for decisive action and to support new clause 21. This is a pivotal opportunity to strengthen protections for young people online and to cultivate a digital world where they can thrive, not merely navigate potential harms. Let us work together across party lines to ensure a safer and brighter digital future for all our children.

--- Later in debate ---

[Dr Spencer]

I have a specific point on the text of new clause 27. We do not support this curtailment of powers, particularly in this context. I am sure that the Secretary of State will consult as a matter of course in carrying out his duties, whatever they are, and a specific requirement to consult the Science, Innovation and Technology Committee, notwithstanding its prowess and stature, would be inoperable.

[Victoria Collins]

For us, the amendment is again in the spirit of ensuring proper scrutiny. However, I welcome the Minister’s comments and am happy not to press it.

Question put and agreed to.

Clause 92 accordingly ordered to stand part of the Bill.

Clauses 93 and 94 ordered to stand part of the Bill.

Clause 95

Regulations under this Part: Parliamentary procedure and consultation

--- Later in debate ---

[Dr Spencer]

The Minister can interpret that how he wishes. We must ensure that our creative industry is supported to thrive while harnessing the technological and economic benefits of growing our domestic AI capability. The amendments in this area from the other place touch broadly on a number of important principles, which we support. They include the application of copyright law to data mining and AI-generative activity, which is covered in clause 135; the need for high transparency in how AI models are trained and the materials used for that purpose; and the importance of identifying sound technical solutions so that copyrighted content can be identified by web crawlers and AI models excluded from training and generative activity.

However, these matters and their solutions are complex from technological, legal and societal perspectives. We totally recognise the challenges of legislating in this area. Our international counterparts face the same challenges in trying to strike an effective balance between supporting our AI industries and supporting our creative sector. It is not a zero-sum game. There is clear scope for collaboration and mutual benefit if we get this approach right. As the shadow Secretary of State for Science, Innovation and Technology, my hon. Friend the Member for Havant (Alan Mak), stated in the Chamber, creative industries are telling us that the Government’s solution—set out in their consultation as their preferred option—is “not fit for purpose”. We need to engage carefully with the feedback received from industry stakeholders to come up with the right solutions in this area.

As the Minister mentioned, new clauses 17 to 20 recognise that putting together a specific plan in great detail on how to solve this problem needs to be done by chewing through the information from the ongoing consultation and through extensive engagement with the people who are actually going to do this stuff and the people who will be affected by it. In effect, the proposals are end-point clauses, about the world we want to see in the future, where our AI and creative sector can work together and we get all the benefits from both. It is where we want to get to. It is a bit less about putting together the journey plan of how we get there, with the exception of the fact that the Government need to crack on and sort this out—[Interruption.] Well, he’s the Minister. It comes with the job.

New clause 17 is intended to require the Government to confirm the application of existing copyright law to creative content mined by AI web crawlers and models in the same way that it would apply to other offline content. The Opposition feel that there is no ambiguity about the application of copyright law in this context. However, the Government have consistently suggested, in their consultation on copyright and artificial intelligence and elsewhere, that the legal position is unclear. In effect, that has created ambiguity and given rise to significant concern and objection from the creative sector. It deters smaller AI enterprises and start-ups from developing their products.

Running counter to that is the near existence of a possible future opt-out. I have heard evidence that AI companies are now thinking, “Let’s hang on before we buy licensed content, because we might get it for free anyway if this applies going forward.” If the aim was to give confidence to the AI sector, as was dealt with by the consultation, that has not happened either.

Clarity is needed for both the creative and AI industries, but not in the form of a wholesale exemption from copyright law for development and generative activity undertaken by AI models. The Government should make a clarificatory statement about the existing application of copyright law in this area. That certainty is the foundation block of sound policy aimed at supporting the creative industries to harness the economic value of their work, so I commend new clause 17 to the Committee.

New clause 18 requires the Government within three months of Royal Assent to lay before Parliament a plan to put forward proportionate and effective measures to ensure transparency in the use of copyright materials in training, development and generative activities of AI models, with emphasis on the proportionate and effective nature of the measures. At a high level, ensuring transparency in this area will help to ensure that information is available for rights holders to discern where and how their work has been used, and seek payment for the use of their work where appropriate.

New clause 18 seeks to address the widespread concerns of creative rights holders that they do not know when their material is being used, which acts as a block to any form of enforcement of their rights or licensing going forward. However, the approach to transparency must be proportionate. In particular, transparency obligations should not be so onerous that they stifle the market for AI start-ups and smaller enterprises in their infancy, when these entities should form the lifeblood of our future technological economy. One could envisage a situation where, if we get the legislation on this wrong, the recording and storing of information that has created a model, in its extreme triviality, could in effect become a bigger dataset than the set used in the first place— hence the focus on the importance of proportionate and effective measures.

The timing of the action to be taken by the Secretary of State under the new clause—within three months of Royal Assent—is intended to give the Secretary of State a proper opportunity to consider the feedback of the creative and AI industries and other stakeholders received under the recently concluded consultation on copyright and AI. I am ambitious for the Minister and the Government. I know he slightly deprecated his ability to get on and try to put something together, but I have faith in him to drive this forward. The feedback should help to formulate a plan that is both effective and workable, so I commend new clause 18 to the Committee.

New clause 19 requires the Secretary of State within three months of Royal Assent to lay before Parliament a plan to reduce barriers to market entry for start-ups and smaller AI enterprises, specifically in relation to access to data to train their models. The Government’s now concluded consultation on copyright and artificial intelligence specifies that one of its key aims is to support wide access to high-quality material to drive the development of leading AI models in the UK.

The AI opportunities action plan commissioned by the Government made a series of recommendations relating to the need to unlock public and private datasets to enable innovation by UK start-ups and researchers in order to attract international talent and capital. Although the imbalance in access to resources between established companies and start-ups and small and medium-sized enterprises is in the nature of markets, failing to address that in this context risks reinforcing a situation where AI development activity remains the preserve of a relatively small number of established operators. I am thinking particularly of those that have been able to set up now, using datasets that have not had to comply with whatever provisions will eventually be put in place to regulate this area.

The Prime Minister indicated in his response to the action plan that DSIT would look at how to take this policy area forward. New clause 19 calls on the Government to put their money where their mouth is, and come up with a proper plan to turbocharge not only growth in our AI sector, but diversity and competition among operators of all sizes, by coming up with a plan to reduce the barriers to market entry that the accessibility of data presents.

Given the increasing adoption and use of AI by digital Government and the mechanisms of the state, it is critical for our national security and our national resilience to have a functioning domestic AI market that we can draw on for our use. The timescale for the Secretary of State to publish his report provides an opportunity for industry and stakeholder feedback to be taken into account when developing effective plans. For those reasons, I commend new clause 19 to the Committee.

Finally, new clause 20 requires the publication of a technological standard. I hope that the previous three new clauses are relatively uncontroversial, and I particularly hope that this new clause is the most uncontroversial of all. It is based on an amendment that was moved by my noble Friend Viscount Camrose in the other place, but which was withdrawn on receipt of reassurances from the Minister. The new clause requires the Government to publish a technological standard for machine-readable watermarks for the purpose of identifying the licensed content when it is encountered by web crawlers and AI models.

The development of such a standard would greatly enhance the ability of rights holders to protect their work, and to support enforcement of creative rights by creating a record of where and how content has been used. The development of a technological standard will be incredibly useful, even if the Government decide to take forward the flawed opt-out proposals and even if they are not ultimately adopted. This technological standard would be used in whatever situation we find ourselves in over the next few years in this industry.

This proposal would provide web crawlers and AI models with clear signposting that the content is not available for training or generative activity. Where that is properly deployed and observed by AI models, it will reduce the need for rights holders to take action to seek compensation for infringement of their copyright. The new clause does not ask the Government to commit to a specific solution, and nor should it, but it requires them to commit to identifying such a solution within a reasonable period. Let the industry sort it out. One of the challenges that has been going through my mind when exploring this area is why, from a point of principle, the market has not fixed this in the first place, and why we are where we are now in trying to resolve these issues. The new clause will promote transparency and certainty for the creative and AI industries, and I commend it to the Committee.

[Victoria Collins]

I have found these discussions among Members across the House about AI and copyright to be a delightful exchange about the creative industries that we love. I understand the Minister’s comments about there being different spaces for that debate and that this may not be the place for that, but I would like to speak to the new clauses that were proposed in the other House.

To highlight one of the creative industries that I love, this weekend I went to The Rex cinema in Berkhamsted, one of the best cinemas in the world—if any Members want to come, they are all very welcome. Sitting there, watching “A Complete Unknown”— about Bob Dylan and his songs—in a local movie theatre reminded me just how important it is to ensure that the creative industries can maintain their creativity, because it speaks to our soul and our society. They are beyond machine learning. They are humans who actually understand us and help to tell our stories in different ways.

That is why the Liberal Democrats welcomed new clauses 135 to 139 that were tabled in the other place. We also welcome the consultation from the Government and are pleased to hear that there have been over 11,000 responses. Members will find responses from us in there, because we wanted to make sure that the Liberal Democrats made representations at every stage. It is disappointing that the change that the Government have set out means there is an “opt in by default” provision, and the message has come across from the creative industries that they are calling for an open consultation, so we can make sure that their views are heard. We support their voices being heard and, indeed, striking that balance where the creative industries can work with innovation, as they have been. This is about getting that right. We are proud of those industries in the UK. We must work together and truly listen to those thousands of voices up and down this country. That is what we stand for, and we will support the Government moving forward in that way.

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

Debate between Victoria Collins and Ben Spencer

Committee stage
Tuesday 11th March 2025 Public Bill Committees

[Dr Ben Spencer (Runnymede and Weybridge) (Con)]

I rise to speak to clause 117, the first clause in part 6, on reforming the information commission. Part 6 sets out provisions to abolish the Information Commissioner’s Office and transfer its functions to a new body, the information commission, with a chief executive and board of directors. His Majesty’s Opposition welcome the fact that the Government are substantially taking forward some measures on reform of the ICO envisaged in previous iterations of this Bill, including the previous Government’s Data Protection and Digital Information Bill. Indeed, the ICO has said that the changes under the Bill will bring its governance structure into line with that of comparable regulators. Given some of the challenges and opportunities that our data-driven economy will present, the new information commission must be set up in the right way to perform its regulatory functions as effectively as possible.

There is no doubt that the scope of the information commission’s role will grow, commensurate with the changes brought in by the Bill—for example, the obligation to have regard, in the performance of its role, to factors such as promoting innovation and competition. We are supportive of those aims, but it would be helpful if the Minister could briefly address some of the concerns raised by my noble Friend Lord Holmes of Richmond in the other place, particularly the Minister’s strategy for ensuring that the information commission is provided with clarity as to its responsibilities and obligations when it comes to economic growth, and how he will ensure that that remains consistent with the information commission’s primary functions relating to data protection.

[Victoria Collins]

I will speak only briefly about amendment 52, but I would like to think that after all the Liberal Democrat interventions today, no one will have any doubt that we take data very seriously. I realise that we have outlined a lot of proposals, but they are all in the spirit of helping to shape the data vision and of saying how important we feel it is. Amendment 52 is about the questioning of scrutiny. I am happy not to press the amendment, but again it is important to make sure we have trust in line with innovation.

--- Later in debate ---

[Dr Spencer]

This is not the appropriate place to discuss new clause 30, but I hope that there will be ample opportunity on Report for further discussion of the broader issue, which is of great importance.

[Victoria Collins]

Clause 124 concerns the retention of information by internet service providers in the deeply tragic event of a child’s death. It rightly acknowledges the potential need to access such data for crucial investigations and to understand the circumstances surrounding such a loss. However, mere provision for data retention is insufficient without a mechanism to ensure its effective implementation in line with broader online safety efforts. That is why we have proposed new clause 29, which ensures Government oversight by requiring the Secretary of State to publish a compliance report within 12 months. The report will assess whether social media platforms, including category 1 services under the Online Safety Act 2023, are preserving data when needed for investigations, regulatory actions and legal proceedings. I appreciate the comments from the Minister.

Although it is not in this Bill, this is an opportunity to highlight the Liberal Democrat’s belief that category 1 services should not be linked to the size of online platforms alone and that platform functionality and other characteristics should determine whether a regulated provider is classed as category 1 or 2. We know that harmful content, abuse and illegal activity leave a digital footprint but, without enforcement, key evidence may be erased before authorities can act. The new clause ensures that platforms are held accountable, preventing data from being lost if needed. It is about not just policy, but ensuring that social media companies meet their legal obligations and that enforcement is transparent and effective. Once again, I appreciate the open discussion of these issues that the Minister has put forward.

Question put and agreed to.

Clause 124 accordingly ordered to stand part of the Bill.

Clause 125 ordered to stand part of the Bill.

Clause 126

Retention of biometric data and recordable offences

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

--- Later in debate ---

[Dr Spencer]

I start by congratulating my noble Friend Baroness Owen of Alderley Edge for her hard work and tenacity in raising the profile of the harms caused to victims of sexually explicit deepfakes, and ensuring that clauses criminalising that activity were inserted into the Bill in the other place. We very much welcome the Government’s engagement in this important area, and we broadly support their amendments, which substantially deliver the changes to the Sexual Offences Act 2003 that Baroness Owen sought in the other place.

In particular, we welcome Government amendment 31, which substantially reflects the offence of solicitation under clause 141, but could the Minister put a bit more flesh on the bones of the reasoning and necessity behind substituting the term “requesting” for “solicitation”? Does he regard those terms as having equivalent meaning in this context? If not, what is the material difference in the approach to terminology?

I am thankful for the Minister’s comments on the “reasonable excuse” defence, but I have some questions about what exactly a reasonable excuse looks like in this context. Does he have any examples to aid our understanding of what constitutes a reasonable excuse in these circumstances? Based on that, do the Government intend to publish guidance on the scope of this defence and its explanation?

We are pleased to see the inclusion of Government amendment 38, inserting among other things an extended limitation period of three years from the date of creation, or request for creation, of a purported intimate image for bringing criminal charges. This will increase the scope for victims to seek justice where these images come to light some time after creation.

[Victoria Collins]

The Liberal Democrats very much welcome clause 141 and action taken on violence against women and girls in particular, including online. However, the clause talks about creating or soliciting the creation of purported intimate images of adults, but it does not necessarily deal with the sharing of them. How do we hold to account those who are sharing intimate images that they should not be?

--- Later in debate ---

[Victoria Collins]

This is my last intervention, which I am sure the Committee will all be very sad about, and it is on data. I know that we have talked a lot about public trust, but I also want to highlight that, as Liberal Democrats, we are also excited about unlocking the opportunities from data. These new clauses speak to that.

New clauses 6, 25 and 28 together would ensure that we harness the benefits of data while upholding fundamental rights. Too often, data is seen as something that happens to people rather than something that they have a say in. We have an opportunity here to unlock even more opportunities, not just in Government data systems but in how data is used across research, public services and wider society.

New clause 6 calls on the Government to develop a clear strategy for public-interest data trusts and community data governance. That means allowing individuals and communities to contribute their data for socially beneficial purposes while retaining meaningful control. Imagine if patients suffering from rare diseases could securely share their data for medical research, knowing that it would be used solely for public good, not commercial gain; that is a future we can build.

New clause 25 would ensure that the Government take a proactive role in shaping public-interest data governance, setting clear ethical guidelines for how data can be shared securely and fairly. This is about moving beyond reactive regulation. Instead, we should actively create frameworks that allow innovation to flourish while protecting those rights. If we want the UK to be a leader in responsible AI and data stewardship, we need clear structures that allow businesses, researchers and civil society to work together with confidence.

New clause 28 would establish a framework for data altruism, ensuring that those who wish to donate their data for public interest projects can do so safely and transparently. Consider a family in my constituency of Harpenden and Berkhamsted who want to contribute to a dementia research project. Right now, there is no clear framework guaranteeing that their data will be protected from misuse. By formalising ethical data-sharing models, we can enable research and innovation without compromising trust. These new clauses share a simple principle: data must serve people, not the other way around. We must strike the right balance, harnessing data to drive innovation while ensuring that public confidence and ethical standards remain at the core of our approach.

We have a huge economic opportunity. The UK has led the way in setting high regulatory and Government standards in sectors such as fintech, law and insurance, where trust, transparency and compliance are critical. We should build on those strengths and apply the same principles to emerging fields such as AI, healthtech and responsible data sharing. By learning from what works and setting clear guidelines now, we can unlock investment, support start-ups and ensure that the UK becomes a hub for innovative, data-driven businesses. That is why I urge colleagues to consider new clauses 6, 25 and 28, as well as the principles put forward in them, to ensure that we build a data-driven future that is transparent, accountable and a gold standard for responsible innovation and public involvement.

[Dr Spencer]

I listened carefully to the hon. Lady’s comments, and I want to reflect on one point. She presented, or at least seemed to present, a tension between public interests and the commercial use of data. It is really important that we recognise that a lot of health research, particularly pharmaceutical development, is for commercial purposes, with a huge amount of benefits for health as a consequence.

I do not think it is to right to try to sabotage the use of data for commercial purposes, because it has huge benefits for the care and treatment of people. We depend on pharmaceutical companies to spend the risk money, for which a state organisation would never have the appetite, to develop the new drugs of the future. It is important to be quite careful when one is thinking about commercial interests versus non-commercial interests for scientific research.

[Chris Bryant]

The hon. Member for Harpenden and Berkhamsted said that this is her last contribution to the debate, so in the words of the “The Little Mermaid”, I suppose we are poor, unfortunate souls. I thank her for tabling these new clauses, and she raised issues that were also discussed in the other place.

On new clause 6, as my noble Friend Baroness Jones noted in the House of Lords, the Government support giving individuals greater agency over their data and a robust regime of data subject rights. We have already announced our intention to publish a call for evidence on the potential role of data intermediaries. It is important that we establish a firm evidence base before we make any changes to people’s data rights, so I hope that that makes new clause 6 unnecessary.

On new clause 25, as I have just said, we have already published a call for evidence on the potential role of data intermediaries, which is why we need to proceed carefully before going down the route offered by the new clause. Finally, on new clause 28, the Government acknowledge that there are various models of data intermediaries, including those that manage voluntarily contributed personal data for the common good, such as data co-operatives and trusted research environments.

We have already announced our call for evidence, which will seek views on various aspects relevant to data intermediaries, including the delegation of data subject rights to third parties, barriers preventing data intermediaries from operating at full capacity and risk factors associated with significant growth in their activities. This will also include views on different models of data intermediaries, including those focused on data altruism, as the hon. Lady mentioned. Given that we have already announced our intention to act in these areas, I very much hope that the hon. Lady will be content to withdraw the motion.

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

Debate between Victoria Collins and Ben Spencer

Committee stage
Tuesday 4th March 2025 Public Bill Committees

[Dr Ben Spencer (Runnymede and Weybridge) (Con)]

It is a pleasure to serve under your chairmanship, Mr Turner, and I thank all hon. Members taking part in the Committee as well as the officials. As the Minister said, this is the third iteration of this Bill and it has been extensively covered in Committee before. We rely on and thank former Members and those in the other place who worked on the Bill to get it to where it is. I am pleased that the Government are taking the Bill forward and that it is one of the early Bills in the Session.

There is much to say about the Bill that is positive, and not just because it is a reformed version of our previous two Bills. Although, ironically, the Bill does not reference the term “smart data”, clause 1 brings forward smart data and smart data schemes. That will help to open up a digital revolution, which will build on the successes of open banking in other sectors. We very much support that.

[Victoria Collins (Harpenden and Berkhamsted) (LD)]

It is a pleasure to serve under your chairmanship, Mr Turner. The Liberal Democrats very much support the Bill and the move towards smart data. Every single day, millions of people in the UK unknowingly generate vast amounts of data, whether they are switching energy providers, checking their bank balance or simply browsing the internet. That is why I want to speak to new clause 15.

For the past decade, we have seen the enormous benefits of open banking, which has given customers the power to securely share their financial data with new providers. That has unlocked better deals, personalised financial data and a wave of innovation. I welcome what the Minister said about a strategy, but new clause 15 explicitly seeks to extend the benefits across multiple sectors, from energy to telecoms and beyond, giving consumers and small businesses a real say in how their data is used and the chance to benefit from that.

If Linda, a business owner in Tring, wants to switch to a cheaper energy provider or broadband deal, she faces a mountain of admin and endless calls to suppliers. She has no simple way of exporting her usage data and instantly comparing deals. But what if she did? A multi-sector consumer data right, as proposed by the new clause, would give Linda the ability to export her energy usage securely to a new provider. She could use a digital tool to automatically compare plans, switch to a greener provider and save thousands in operational costs, freeing up her focus for growing a business.

However, it is not just Linda and family businesses. New clause 15 would put real power in the hands of households struggling with the cost of living crisis—an ability to break free from restrictive contracts, find better deals and ultimately reduce bills. This is not just a radical idea: Australia has already implemented the consumer data right across finance, energy and telecoms, leading to an explosion of new services, better competition and savings for consumers. The European Union is moving in that direction, yet in the UK we have not taken that step. However, I accept what the Minister said about our strategy moving forward, which I very much welcome.

New clause 15 does not demand an overnight change. It would require the road map to be published in 12 months and to ensure that technical standards are in place and data sharing is secure and efficient. It includes a phased implementation plan to bring in new sectors gradually as well as consumer protection measures so that is done safely and fairly, with public trust at its core. This is not just about giving consumers more control over their data. It is about driving economic growth and innovation. If we get this right, we can see new fintech and comparison tools so that consumers can slash bills and switch telecom providers faster and more easily. It is about more competition, more choice and more innovation. I urge colleagues to consider the new clause, but I absolutely welcome what the Minister has said. Let us take a step forward and ensure that consumers and businesses have the rights that they deserve over their own data.

Data (Use and Access) Bill [Lords]

Debate between Victoria Collins and Ben Spencer

2nd reading
Wednesday 12th February 2025 Commons Chamber

[Dr Ben Spencer (Runnymede and Weybridge) (Con)]

As a self-professed data geek—[Interruption.] The Minister looks quite surprised at that. Well, I am now self-professing myself as a data geek, and it is a real pleasure to wind up this important debate on behalf of the official Opposition.

As the original architects of the Bill, the Opposition welcome the fact that the Government have recognised the potential of these Conservative-led policies to make people’s lives easier by being able to prove identity quickly when dealing with statutory agencies and service providers; to streamline and enhance public service delivery, such as by harmonising the information available to healthcare professionals across NHS settings; and to boost economic growth through the innovative use of smart data. In short, this Bill will bring into effect the previous Government’s ambition to harness and exploit data as the currency of the digital age.

The staggering pace of recent technological advances presents not only enormous opportunity, but challenges that demand further scrutiny. Earlier, the shadow Secretary of State, my hon. Friend the Member for Havant (Alan Mak), rightly pointed out some of the areas where the Government’s approach to the science and technology sector conflict with the outcomes that they want. We have had an extensive debate today with hon. Members covering a range of topics, some of which I shall refer to shortly.

Perhaps it is ironically apt that the Data (Use and Access) Bill has had so many iterations and this recursive Second Reading, but I must pay tribute to those who have been working before us to get it to the state it is in today. Much of the Bill is technical and uncontroversial, but some of it still needs to be thrashed out and debated, and I look forward to taking it through in Committee. I would like at this point to pay tribute to Lord Markham and Viscount Camrose. I was particularly pleased to hear the Government’s response with regard to security around the underground assets register.

I also pay tribute to my right hon. Friend the Member for Maldon (Sir John Whittingdale), who I am sure is glad that he is not doing another Second Reading speech and hopefully not taking the Bill through Committee for this side, and of course to Baroness Owen for the incredible work that she has done. The tribute paid to her by my hon. Friend the Member for Huntingdon (Ben Obese-Jecty) was far better than anything I could put together from this Dispatch Box, and I thank him for his comments.

By my count, we have had 15 or 16 Back-Bench speakers, and I would like to draw particular attention to the intervention from my right hon. and learned Friend the Member for Kenilworth and Southam (Sir Jeremy Wright), who pointed out the wranglings that took place in the House of Lords regarding data that is used for scientific purposes. I am sure that the definition of public interest will be discussed in further detail in Committee. I also particularly liked the speech from the hon. Member for Dewsbury and Batley (Iqbal Mohamed). As I have said, much of this Bill—this big tome—is in some ways uncontroversial. Many Members focused on a few specific areas, but I was interested that he looked at the whole scope of the Bill, particularly around the civil liberties components and the GDPR issues, which is what much of the core of the Bill is about.

There are a few points I would like to focus on, starting with data accuracy. My hon. Friend the Member for Sleaford and North Hykeham (Dr Johnson), who is not in her place, remarked that to empower the public and businesses to take full advantage of the speed and simplicity offered by digital verification services, there must be a high degree of confidence in the accuracy of the data provided by public authorities. In the other place, the Minister acknowledged this concern, stating that, as far as the data underpinning digital identity is concerned,

“we must have a single version of the truth”.—[Official Report, House of Lords, 21 January 2025; Vol. 842, c. 1620.]

However, he did not support the amendment seeking to guarantee the accuracy of data held by public authorities for the purpose of digital verification services, and nor did the Secretary of State in his opening remarks today.

While the reliability of the data that supports digital identity is fundamentally important across the board, an area of particular importance is the accurate recording of biological sex. This is vital for ensuring that services such as medical care are delivered properly and to protect female-only spaces. Biased data is worse than no data, and wrong data is worst of all. We call on the Government to ensure that data is robust and accurate as a matter of priority.

We must ensure the digital infrastructure is in place to support the Bill’s aims. We welcome the inclusion of provisions for NHS data sharing, and I should declare an interest as a former doctor whose wife is a doctor. I have spoken many times of the importance of data sharing. We focus on AI, but we need to get the basics right.

NHS data sharing, if implemented effectively, will enable the fast and seamless transfer of patient data between healthcare settings. It will lead to better clinical decision making and improved outcomes for patients, and the hon. Member for Bury St Edmunds and Stowmarket (Peter Prinsley) will be able to see his patients more efficiently and more effectively. I pay tribute to the strength of his argument, and I hope he takes the mantle I had when my party was in government of pushing for this to happen as quickly as possible.

To harness those benefits, the Government have acknowledged that healthcare settings’ IT systems will need to meet common standards to facilitate data sharing across platforms. The previous Government set out a bold plan for upgrading the nation’s digital infrastructure. This Government must continue and expedite that work to ensure the NHS has the tools it needs to implement the Bill’s reforms.

Finally, on the important subject of AI and copyright, the powerful debate both in the other place and here highlights the challenges, the complexities and the importance of making sure we get this right, particularly on the Government’s proposal for a data mining opt-out, as mentioned in the consultation. Many Members have raised that point, including my right hon. Friend the Member for Maldon and the hon. Members for Scarborough and Whitby (Alison Hume), for Stirling and Strathallan (Chris Kane), for Perth and Kinross-shire (Pete Wishart), for Bury North (Mr Frith), for Knowsley (Anneliese Midgley) and for Cheltenham (Max Wilkinson).

We cannot hold back the tide of change that AI has brought with it, nor can we put the genie back in the bottle, but we must do everything in our power to protect and promote our creative industries so that they can continue to thrive and grow, as they did with the support put in place by the previous Government during the pandemic.

The Government’s consultation on AI and copyright remains under way. My hon. Friend the shadow Secretary of State spoke about the overwhelming need for the Government to respond to the consultation as soon as possible. The Government must engage constructively with the industry and the official Opposition to identify solutions that turbocharge our developing AI industry while protecting and boosting the growth of our creative sector.

All of us, both those who work in the creative sector and those who benefit from it, understand just how important it is for our national identity. Live music is one of my passions. It was the thing I missed most during the pandemic. The idea that we could end up causing harm to our creative industry fills me with horror. The Opposition want to make sure we get this right, not only for those whose livelihoods depend on the industry but for all of us. This is complicated and difficult. If it were not, there would already be an answer—the Europeans would have an answer. This is a difficult situation that we need to get through.

[Victoria Collins]

As the hon. Gentleman says, it is vital that we support our creative industries. Will he clarify the Conservatives’ stance on opting in versus opting out, which is the current proposal?

[Dr Spencer]

Our position is pretty much exactly as I have just set out in my speech. A Government consultation is under way that presents four options, including the Government’s preferred opt-out option. There are challenges with that opt-out approach, as well as with a whole range of different approaches. As I have previously said from the Opposition Dispatch Box, whatever we do we must think about how that co-ordinates with what can happen in other jurisdictions. It is a complicated issue, and we need to ensure we get the legislation absolutely right. As I said, we need a response to the consultation as soon as possible so that we can chew through this further to find the best solution. In his summing up, I hope the Minister will update the House on that.