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

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 ] (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.