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Data (Use and Access) Bill [Lords] 2025-05-14
14 May 2025
Lead MP
The Minister for Data Protection and Telecoms
Debate Type
Ministerial Statement
Tags
No tags
Other Contributors: 26
At a Glance
The Minister for Data Protection and Telecoms raised concerns about data (use and access) bill [lords] 2025-05-14 in the House of Commons. A government minister responded. Other MPs also contributed.
How the Debate Unfolded
MPs spoke in turn to share their views and ask questions. Here's what each person said:
Government Statement
Government Statement
Notwithstanding the views of the Chinese Government, it is a delight to see you in your place, Madam Deputy Speaker. I am only saddened that I have not been sanctioned, which feels a shame—nor by Russia, for that matter. There is still time. I am delighted to be here today to discuss the Bill, which we last discussed in depth a week ago today. First, I would like to express how pleased I am that the other place has agreed to the Government’s amendments relating the national underground asset register and intimate image abuse. I pay tribute to all those Members of the House of Lords who took part in getting that part of the legislation to the place where it is now. I am glad we have been able to work with them. I will start by encouraging the House to agree to those amendments, before I move on to discuss the amendments relating to AI and intellectual property, scientific research, and sex and gender—in that order. The Government made a manifesto commitment to ban sexually explicit deepfakes, and the Bill delivers on that promise. For the first time, there will be punishment for perpetrators who create or ask others to create intimate deepfakes of adults without consent.
Natasha Irons
Lab
Croydon East
Question
I think we all appreciate the amendment, because we want to protect vulnerable women, children and anybody who is at risk of this sort of harm. Could we not look at doing something similar to the amendment, and the carve-out we have created with it, for our creative industries? If we can protect our vulnerable people, can we not also protect our creative industries from copyright infringement by having territorial exemptions similar to what we have with deepfakes?
Minister reply
My hon. Friend is jumping the gun slightly—I will come on to those issues.
Steve Barclay
Con
North East Cambridgeshire
Question
One reason for getting the Bill through, one would hope, is to deliver on things like content credentials, which firms like Adobe have championed, to show who has produced a file, where the ownership sits and whether artificial intelligence has been used to edit it. Can the Minister confirm whether the Bill will deliver on that commitment on content credentials, and if not, why not?
Minister reply
Well, it is because the Bill was never intended to deal with copyright and artificial intelligence at all. The Government have not introduced any provision relating to AI or copyright, and I think that specific issue would probably be ruled out of scope if it were to be tabled.
Samantha Niblett
Lab
South Derbyshire
Question
It is wonderful to hear my hon. Friend talk about the importance of copyright and the fact that we have existing laws that we can use, but I wonder whether he is aware of the growing concern in industry about the risk of expansive US-style fair use principles creeping into UK practice and what we might do to secure our safeguards.
Minister reply
As I am sure my hon. Friend is aware, the US system of fair use is different from the UK’s—ours goes back to 1709, with the first of our copyright Acts, and it has been very solid.
Gosport
Question
Yesterday the Minister appeared before our Select Committee and said, “The best kind of AI is the kind of AI that is built on premium content, and you can’t get premium content without paying for premium content.” Now, as well as being concerned about the overuse of the expression “premium content” in that sentence, I am also concerned about the fact that, as we speak, there are copyright works out there being scraped underhandedly by AI developers, some of whom are feigning licensing negotiations with the very rights holders whose works they are scraping. Surely now is the time to require developers to tell us what copyright works are being used to train their models and what their web-scraping bots are up to.
Jonathan Davies
Lab
Mid Derbyshire
Question
Asked about enforceable transparency obligations that would reduce legal uncertainty, deter infringement and enable faster redress.
Minister reply
Agreed that people should not breach copyright law. Mentioned that some issues raised in the question are being tested or will be contested more in future court cases.
Alison Hume
Lab
Scarborough and Whitby
Question
Asked about the Government’s current preferred approach to copyright and AI, specifically regarding an opt-out model.
Minister reply
Confirmed that a package of measures was being consulted on, which included a technical solution to better protect rights holders. The minister stated they are open-minded about responses from the consultation.
Knowsley
Question
Asked for confirmation regarding an Observer article suggesting that an opt-out system of copyright rules was no longer preferred by the Secretary of State.
Minister reply
Stated that they are open-minded about responses from the consultation and have received 11,500 submissions. Emphasised the importance of a proper economic impact assessment.
Mike Martin
Lib Dem
Tunbridge Wells
Question
Asked for clarification on issues raised by other MPs.
Minister reply
Said he would give way but mentioned that the queue was getting longer.
Torcuil Crichton
Lab
Na h-Eileanan an Iar
Question
Asked for a timeline regarding the substantive response to the consultation.
Minister reply
Expressed care about anxiety caused by the consultation and mentioned that he wants to engage more with creative industries but is currently constrained by other legislative duties.
Samantha Niblett
Lab
South Derbyshire
Question
Asked what non-technical measures are being considered in the interim.
Minister reply
Stated that looking at this comprehensively rather than piecemeal is crucial. He believes the amendment would not deliver immediate solutions.
Question
Will the Minister consider interim measures or guidance that could deliver similar outcomes while exploring legislative options?
Minister reply
The Minister responded that he is open to any good ideas for interim measures but does not know what non-legislative solutions would look like at this stage.
Question
Could the format be discussed, such as a consultation followed by a White Paper and then a Bill? Is there an anticipated timeline?
Minister reply
The Minister stated that he cannot provide a specific timeline for future consultations or Bills but expressed a commitment to working with creative industries and AI companies on technical solutions.
Question
Given the Government's open-minded approach, is there consideration of legislative measures to protect copyright and enhance remuneration for creatives?
Minister reply
The Minister acknowledged that ensuring fair remuneration and protecting rights holders across all AI platforms in the UK is a priority. He expressed hope for technical solutions but did not dismiss the possibility of legislative actions.
Question
Would the Minister like to put on record that he values parliamentary scrutiny?
Minister reply
The Minister confirmed his commitment to engaging in proper debate and answering questions thoroughly, emphasising the importance of parliamentary scrutiny.
Question
Given the anticipated removal of Lords amendments due to financial privilege, what definitive action will the Minister take to address concerns about copyright and transparency?
Minister reply
The Minister highlighted plans for working parties focusing on transparency and technical standards. He expressed sympathy with Lord amendment 49B and a commitment to protecting individual artists.
Simon Hoare
Con
Question
Does the Minister acknowledge that his statement does not provide a clear timetable and direction, offering cold comfort to those facing issues today?
Minister reply
The Minister acknowledged the need for clarity but emphasised the complexity of untangling the issue quickly. He committed to gathering all stakeholders around the same table to deliver a win-win outcome.
Chi Onwurah
Lab
Question
Does the Minister agree that large tech platforms may not have the right incentives to develop an appropriate technical solution, and should transparency be maintained throughout this process?
Minister reply
The Minister agreed with his hon. Friend's point about the importance of engaging a wide range of tech companies and being transparent in the engagement process.
Frith
Con
Question
Would the Minister include representatives from the creative industries on technical committees working on AI and copyright reform to ensure both sectors are involved?
Minister reply
The Minister committed to including representatives from both tech companies and creative industries in the same room, as it is essential for achieving good outcomes.
Question
Does the Minister understand that panic has set in among the creative industries due to the Department’s previous statements about copyright opt-outs and their impact on growing the AI industry?
Minister reply
The Minister acknowledged the need for clarity and stated his intention to avoid using terms like 'opt-out' and emphasised the importance of rights reservation.
Chi Onwurah
Lab
Question
Would setting a test for scientific research data reuse prevent valuable research such as in vitro fertilisation?
Minister reply
The Minister explained that introducing such requirements could create unnecessary red tape and uncertainty, potentially excluding important research, and highlighted the existing substantial safeguards against misuse.
Simon Hoare
Con
North Dorset
Question
You will recall that on Monday, Mr Speaker took to task those on the Treasury Bench for making a very important announcement about major policy changes on immigration to the media before it was made to this House. Today, similar issues arise with the Ministry of Justice announcing significant changes regarding offenders and prison overcrowding without notifying this House first. What steps will you take to ensure compliance with the ministerial code?
Minister reply
The Government recognise the importance of adhering to the ministerial code, which requires major policy announcements to be made first to the House rather than through media channels. While I cannot speak on behalf of other departments, it is crucial that all ministers understand and follow these guidelines moving forward.
Ben Spencer
Con
Runnymede and Weybridge
Question
Over the course of debating the Bill, it has become customary to thank those in the other place for their work. Can you provide clarity on why the Government's amendments are necessary given that they address issues raised by the creative sector?
Minister reply
The amendments aim to clarify and improve data accuracy principles, ensuring transparency and proportionality in handling personal data, particularly concerning sex and gender information as per Supreme Court rulings. These measures will ensure compliance with existing regulations while addressing recent concerns effectively.
Question
Asked about Lords amendment 43B, which deals with safeguarding scientific research and ensuring that exemptions in the Bill are used solely for such purposes. Raised concerns over data reuse for AI model training without consent.
Minister reply
Minister provided reassurances regarding the intended use of provisions, confirming they do not intend to enable the reuse of personal data for AI training or commercial purposes unrelated to scientific research.
Question
Expressed profound disappointment within the creative sector over lack of assurances and protection against exploitation by tech companies. Criticised Government's motions as setting a timeline of several years before resolution, arguing immediate action is needed to protect creators' rights.
Minister reply
Minister provided no specific commitments or responses to MP's concerns.
Chris Bryant
MP
Question
I was anticipating more contributions from other Members, but it is a delight to see you in the Chair, Madam Deputy Speaker, and to follow on from the hon. Member for Perth and Kinross-shire (Pete Wishart). I will not speak at great length... First, I want to refer to the matter of financial privilege...
Chris Bryant
MP
Question
The only point I will make to the hon. Gentleman about his contribution on the creative industries—he knows that on many of these issues we completely and utterly agree—is that if there were a simple way of being able to enforce those rights today, I would seize it... The Bill creates no new permission to reuse data for scientific research...
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