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Data (Use and Access) Bill [Lords] 2025-02-12
12 February 2025
Lead MP
The Secretary of State for Science, Innovation and Technology Peter Kyle
Debate Type
Ministerial Statement
Tags
NHSEconomyNorthern Ireland
Other Contributors: 60
At a Glance
The Secretary of State for Science, Innovation and Technology Peter Kyle raised concerns about data (use and access) bill [lords] 2025-02-12 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
NHSEconomyNorthern Ireland
Government Statement
Today I am moving the Data (Use and Access) Bill through Second Reading. Successive Governments have failed to utilise data effectively, leading to slower economic growth, fewer jobs, decreased productivity, less safety due to police officers spending more time on paperwork, longer hospital wait times, difficulties in registering deaths, and housing issues stemming from outdated identity documents. An outdated approach to data has hampered Britain’s economy.
This Bill will address these issues by creating a new era of wealth and opportunity through smart data measures that simplify energy supplier switching, improve utility comparisons, streamline job onboarding processes via digital verification services, and create a national underground asset register to speed up infrastructure projects. It also aims to reduce duplication in the NHS by introducing mandatory information standards for IT suppliers, thereby improving patient care.
The Bill will facilitate easier access to transformative technologies like AI, save doctors and nurses time, and ensure smoother interactions between citizens and state services through transparency and efficiency. Additionally, it includes an electronic register of births and deaths, enhanced data safety measures for children, support for charities in using email effectively, and improved data protection navigability in growing sectors such as automated decision-making and edtech.
Maldon
Question
The Secretary of State says that successive Governments failed to act, but is it not the case that this Bill is almost identical to the one that the last Conservative Government introduced, which very nearly made it on to the statute book?
Minister reply
Indeed, a lot of this Bill is based on the previous Conservative Government’s proposal. They called a general election halting its progress and turned down an offer for wash-up passage.
Chris Vince
Lab/Co-op
Harlow
Question
Can the Secretary of State outline the benefits that this Bill will have for my constituents in Harlow, particularly residents with multiple prescriptions?
Minister reply
The Bill will streamline healthcare access from primary care to hospitals, reducing disruptions caused by infrastructure work due to the underground asset register.
Ashley Fox
Con
Bridgwater
Question
Open banking benefits 12 million customers every year by allowing them access to their data. Does the Secretary of State see that as a model for how citizens can access their data held by the state?
Minister reply
Smart data underpins the service mentioned and we see boundless opportunities for its application in new ways, which this Bill will unlock.
Amanda Martin
Lab
Portsmouth North
Question
Some of my constituents have raised concerns about how their information will be kept safely in the online register of births and deaths. How will the Secretary of State ensure that the Government keep such information safely?
Minister reply
We are committed to reassuring people about data safety and control, releasing more algorithms for public scrutiny, and ensuring transparency.
Jeremy Wright
Con
Kenilworth and Southam
Question
There is a great deal in this Bill that we can all support, but some difficult concepts lurk within it. May I ask him to commit to a proper examination of those concepts as the Bill moves forward?
Minister reply
We take these issues seriously and will go into considerable depth on them in Committee.
Salford
Question
Clause 80 removes the existing right of individuals not to be subjected to solely automated decision-making processes unless it involves a category of special data. What reassurance can he give me that these concerns will be explored and assessed as the Bill passes through the House?
Minister reply
The Bill improves the ADM process, but individual attributes and sectors will be considered in Committee.
Pete Wishart
SNP
Perth and Kinross-shire
Question
Will the Secretary of State assure the House today that he will respect clauses 135 to 139 in the Bill, protecting our creative industries from AI ravages?
Minister reply
I pay tribute to those in the creative arts sector and assure them that I have no intention at all of standing in the way of respecting their work. The current consultation is meaningful, and legislation on this specific issue will come out of it.
Chichester
Question
Some creatives argue that the current consultation promotes a preferred option which hands over their intellectual property to the AI sector. Will the Secretary of State commit to ensuring these creative voices are heard throughout the Committee stage?
Minister reply
I assure the hon. Lady that I am listening closely and will engage fully with all consultations, including those from creatives. The issue is of profound importance due to economic issues as well as personal connections to work.
James Frith
Lab
Bury North
Question
Will the Secretary of State agree today to meet creatives who are keen to have an audience on this significant issue?
Minister reply
I would be delighted to meet those referenced by my hon. Friend and all Members from both sides of the House, provided I can fit everyone in.
Question
Does setting a framework for regulators create a stronger case for a new Committee of this House to maintain scrutiny of ongoing digital regulation?
Minister reply
I am open-minded on these issues and take leadership from the Leader of the House on Committee matters.
Chi Onwurah
Lab
Newcastle upon Tyne Central and West
Question
Can this Bill possibly address all future AI technology issues? Is it the Government’s last or first word on data?
Minister reply
While we cannot guarantee that this Bill will be sound for time immemorial, it is fit for our current moment. Our regulators and Department are tasked with assessing impacts across society.
Henley and Thame
Question
Can the Secretary of State guarantee that there are no changes to patient confidentiality in this Bill's amendments?
Minister reply
I am pleased to give the hon. Member that assurance.
Question
The hon. Member fancies himself as a tech bro, but he should recognise that much of the anxiety in the creative industries sector is caused by the dither and delay of the Conservatives’ time in Government.
Minister reply
While we were home to more unicorns than any other European country combined, it is clear that Labour’s approach to AI and copyright is a total failure.
Question
The hon. Gentleman did not answer the question asked by the hon. Member for Perth and Kinross-shire (Pete Wishart). Does the hon. Gentleman agree with the opt-out or not?
Minister reply
We will continue to champion those industries in this House and beyond, but it is for the Secretary of State to bring forward a consultation and legislation.
Harpenden and Berkhamsted
Question
Data is the new gold. It is by using good data, and lots of the stuff—heaps—that we will cure diseases, empower consumers and businesses, find solutions to societal problems and unleash economic growth...
John Hayes
Con
South Holland and The Deepings
Question
The hon. Lady is absolutely right about that tendency, but it does not have to be like that. We can either build a society that is about personal interactions and familiarity, or we can allow a society of the kind she describes to develop, which will destroy the tapestry of those interactions that make up the wellbeing of each of us and all of us.
Question
I said to the Minister, and I will say it again for the hon. Lady: it is for the Government to bring forward their proposal. Once the consultation closes, we will respond. That is the proper order in this House.
Maldon
Question
The right hon. Member for Maldon welcomed the Bill, discussing its similarity to a previous Government’s Data Protection and Digital Information Bill. He highlighted the importance of data adequacy recognition by the EU and expressed satisfaction that the changes made in the Bill do not jeopardise this status.
Question
The hon. Gentleman questioned whether the right hon. Member for Maldon (Sir John Whittingdale) enjoyed the Report stage of the previous Government’s Bill and suggested that he prefers the current version.
Joe Robertson
Con
Isle of Wight East
Question
The hon. Member for Isle of Wight East explored his right hon. Friend’s knowledge on the balance between safeguards and freedom in this Bill.
Minister reply
Sir John Whittingdale commented that the Bill seeks to improve data protection law while safeguarding important privacy rights, ensuring a balanced approach.
Sam Carling
Lab
North West Cambridgeshire
Question
The right hon. Gentleman’s speech is very helpful, and he is making some useful points. The shadow Minister would not give us any clarity about his party's position on the opt-out mechanism, so could he help: what is the Opposition’s position on that? Do they support it—yes or no?
Minister reply
I am happy to address this. I have profound reservations about the opt-out which reverses the principle of copyright law and prefers an opt-in method or licensing approach.
Pete Wishart
SNP
Perthshire North
Question
If only the right hon. Gentleman were on the Conservative Front Bench on these issues, we would have a little bit of clarity, but he is absolutely spot on. There is no issue with copyright at the moment and no confusion about what is required in the law. All the Government are doing is trying to create some sort of smokescreen so that they can start to dismantle and water down our copyright regime.
Minister reply
I agree with the hon. Gentleman regarding the clarity needed around opt-out technology which does not work or enforce copyright properly.
Chris Bryant
Lab
Rhondda
Question
Yes, I completely and utterly agree with the right hon. Gentleman. That is our settled view. We want to get to a process where there is more licensing of content, and we have said that repeatedly.
Minister reply
We need to square this circle as the amendments tabled in the Lords change copyright law despite claims it does not need changing.
Chris Kane
Lab
Stirling and Strathallan
Question
It is fair to say that if we do not work with data, we do not really think about it too much, but when we do, we realise how much of it surrounds us in multiple forms. New technologies offer opportunities to take all knowledge from the past and use it to shape what we do next.
Minister reply
The Minister for Digital Infrastructure has provided assurances that discussions will continue with creative industries and publishers on this issue.
Question
The hon. Gentleman is making a powerful case, and I agree with much of what he is saying. Does he agree that we should be ready to point out where those who contribute to this debate are proxies or funded by tech companies not appearing in public to make the case, but instead making arguments through smaller organisations that can be a little bit more assertive and nimble-footed, and not quite as accountable?
Question
We should not be naive about this, because the tech companies have form. All of their pedigree suggests that they cannot be trusted to do the right thing—to manage their affairs, or to protect either the public interest or the interests of the creative industries—so I hope that the Government will take exactly the robust approach that the hon. Gentleman has described. Perhaps one way in which they could do so, given that copyright has been mentioned, is by coming back with a different Bill?
James Frith
Lab
Bury North
No extracted contribution text available for this contributor yet.
Ben Obese-Jecty
Con
Huntingdon
Question
Opposition Members are broadly supportive of this Bill and its aims... I commend Baroness Owen for her work on non-consensual images and deepfakes, and for pressing the Government to address this issue with more urgency...
Knowsley
Question
I will focus my remarks on the impact of generative AI on musicians... The balance is completely off, but we, in this place, have the power to help to change that. Unlike our European counterparts, in this country we have failed to introduce proper protections for creators’ pay over the past decade...
Cheltenham
Question
I will attempt not to give a rerun of the speech I made during the general debate on the creative industries the other day.
Max Wilkinson
Lib Dem
Question
The hon. Lady’s contribution is as right as all the others she has made during this debate and the general debate a couple of weeks ago. I will immediately move on to the point that data is an abstract term and is being used to cover all sorts of information in these debates.
Matt Rodda
Lab
Question
First, I offer my deepest condolences to the family concerned. In my constituency I also had a challenging case where a young boy lost his life. It is entirely appropriate that the Government are taking this forward, and I commend Ministers for their work on it and also thank the hon. Gentleman for his work on this important matter.
Jonathan Davies
Lab
Question
This wide-ranging Bill cuts across many aspects of Government and people’s lives. We must harness the power of data to drive economic growth, to support a modern digital Government and build more efficient, effective public services, and to support people to have improved lives more generally.
Alex Sobel
Lab/Co-op
Leeds Central and Headingley
Question
Gently to my hon. Friend that the difference is that then people understood from looking at the book whether it was printed or scribed, whereas with AI-generated works it is sometimes hard to distinguish, which is why we need labelling and additional consumer protections in this space.
Minister reply
I thank my hon. Friend for his intervention. I shall get on to those points when I talk about the consultation that is currently under way.
North Norfolk
Question
We have already seen the transformative impact of improved usability of gov.uk services, and I hope the Government will look to Estonia for inspiration on how to have a truly data-driven Government with the citizen at the centre. For instance, during the fall of communism in the late 1990s, Estonia embarked on an ambitious programme known as the “Tiger Leap” which transformed their digital environment. The Estonians also transformed their healthcare system and streamlined decision-making processes saving up to 2% of GDP.
Minister reply
I appreciate the points made by my hon. Friend about Estonia's progress in digital transformation, particularly noting the 'Tiger Leap' programme that expanded internet access and computer literacy which was foundational for embedding a digital environment at all levels between citizens and government. The Government recognises such data-driven governance can save time and resources while improving service delivery.
Jack Rankin
Con
Windsor
Question
Although all-digital services are desirable, we should never freeze out those who are not digital savvy, given that over 1 million people in this country do not own a mobile phone.
Minister reply
The hon. Member makes an excellent point and I will address it: while embracing digital transformation is key, it must be inclusive to ensure that everyone, regardless of their technological prowess, can access public services effectively.
Brecon, Radnor and Cwm Tawe
Question
Does my hon. Friend agree that the key to extracting value from datasets is data retrievability?
Minister reply
Absolutely, there are so many layers upon which data governance, infrastructure, and practices must be established, with data retrievability being one of those critical elements.
Steff Aquarone
Con
North Norfolk
Question
The Bill seeks to tackle a difficult but very important subject, it is right that the Government venture into data transformation to deliver for all our constituents and make their experiences as citizens interacting with the Government far better than is currently the case.
Josh Simons
Lab
Makerfield
Question
I am a huge supporter of the Secretary of State’s and the Minister’s agenda, and broadly of the enormous potential for data and data-driven tools such as AI and machine learning.
Caroline Johnson
Con
Sleaford and North Hykeham
No extracted contribution text available for this contributor yet.
Richard Johnson
Con
Sleaford and North Hykeham
Question
The hon. Member discussed the importance of accurate data in protecting women, children, those with a trans identity, and ensuring proper medical care.
Tonia Antoniazzi
Lab
Gower
Question
Asked about previous government's role in the current situation regarding sex and gender data collection.
Peter Prinsley
Lab
Bury St Edmunds and Stowmarket
Question
Welcomed measures to standardise information but urged for a patient passport system where patients own their medical records.
Iqbal Mohamed
Lab
Dewsbury and Batley
Question
Clause 70 introduces significant changes to the lawful bases for processing personal data. While the aim of those changes is to streamline data processing for legitimate interests, they also present challenges relating to privacy protection, parliamentary oversight, and the potential for misuse... Given its potential to boost the economy by £10 billion, it is a huge win for so many sectors...
Sam Carling
Lab
North West Cambridgeshire
Question
Given its potential to boost the economy by £10 billion, it is a huge win for so many sectors... Technological innovation will improve efficiency and reduce unnecessary administration, allowing our key workers to focus more on the things that matter most...
Ann Davies
PC
Caerfyrddin
Question
Wales’s creative industry is a cornerstone of our culture and economy. It generated £3.8 billion in the last financial year—5.3% of our GDP—and much of that success relies on strong copyright protections. Creatives must be paid when their work is used, including for AI training. Too often creative data is being scraped without permission, undermining livelihoods. Does the hon. Member agree that clauses 95 and 135 to 139 of this Bill are a vital step in safeguarding our creative industries?
Question
The hon. Lady makes her point well, and we have already heard from the Minister about the rationale behind those clauses. There are real issues with putting such measures through in secondary legislation, because this House should have more ability to scrutinise them. We know there is a consultation at the moment, and we have heard from the Secretary of State that he is very open to having a conversation on this issue and making sure that we address it.
Question
The Bill makes it very clear that where an organisation makes automated decisions, an individual has the right to a proper explanation of those decisions and the right to make representations about the decision taken, to obtain human intervention and to contest the automated decision. Those are really robust safeguards, but they are key provisions that must be shown to work in practice. We cannot enter a situation in which automated decisions are made wrongly, with no recourse.
Ben Spencer
Con
Runnymede and Weybridge
Question
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.
Chi Onwurah
Lab, Newcastle upon Tyne Central
Question
Will my hon. Friend give way?
Minister reply
On births and deaths? Of course.
Chi Onwurah
Lab, Newcastle upon Tyne Central
Question
I thank the Minister for his excellent comments. I want to point out that I welcomed the strengthening of the Information Commissioner’s role.
Minister reply
Hurrah. Incidentally, the right hon. Member for Maldon (Sir John Whittingdale) referred to John Edwards, who, in my experience, is a very capable leader of the team there. I am sure my hon. Friend and her Select Committee will have him in for evidence soon.
Tonia Antoniazzi
Lab, Slough
Question
My hon. Friend will know that I was one of the first Labour MPs to raise in the Chamber the issue of sex-aggregated data. Can he assure me that the Government will ensure that data on sex is accurate and reliable where necessary and will he expedite the publication of the Sullivan review?
Minister reply
We have to make sure it is accurate to the precise process for which it is being used, just as a passport has to be accurate for the precise purpose for which it is being used. I am not sure whether my hon. Friend is intending to be on the Committee as well—
Caroline Johnson
Con, Sleaford and North Hykeham
Question
I am interested in the hon. Gentleman’s concept of “for the purpose”. Can he be clear that when he is writing his dictionary of definitions, as per clause 140, he will ensure that the definitions are clear so that when people are looking at information on sex, they know whether they are dealing with biological sex or some other definition that the Minister may have come up with?
Max Wilkinson
Lab
Question
The hon. Member for Cheltenham raised concerns about the case of his constituent Ellen Roome and questioned whether families should have access to their children’s social media accounts in cases where they are deceased.
Minister reply
Unfortunately, I was unable to speak in the debate due to prior commitments but I can confirm that coroners will be able to use data protection processes under the Bill. However, there is caution around family access to deceased minors' social media due to safeguarding issues.
Chris Bryant
Lab
Question
Inquired about AI and IP, emphasising transparency and control over intellectual property rights.
Minister reply
Two working groups have been set up involving creative industries and AI companies to explore transparency and rights reservation mechanisms. A consultation is ongoing, and we aim for a balanced approach that respects creators' rights while facilitating technological progress.
Pete Wishart
SNP
Question
Asked if the Minister was asking to set aside concerns for future legislation rather than addressing them in the current Bill.
Minister reply
No, we want to ensure thorough work on transparency and rights reservation through consultation with creative industries and AI companies. The aim is to find a balanced approach that respects creators' interests.
Billington
Con
Question
Discussed the cultural impact in East Thanet, highlighting job losses among greeting card designers due to copyright issues.
Minister reply
Acknowledged concerns and expressed willingness to engage with creative industries. Emphasised the goal of finding a win-win solution that respects both creators' rights and technological advancements.
Chi Onwurah
Lab
Question
Called for transparency about who is involved in working groups.
Minister reply
Agreed to be transparent about the composition of the working groups, offering to provide evidence to relevant committees on progress.
Caroline Johnson
Con
Question
Asked if the Government intends to table an amendment in Committee regarding deepfake pornography and prosecution limitations.
Minister reply
Acknowledged Baroness Owen's undertaking but did not specify whether a new amendment would be proposed or accepted from Opposition.
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