Data (Use and Access) Bill [Lords]

I beg to move. That the Bill be now read a Second time.

The Government are using technology to grow the economy and create new jobs in order to empower citizens and deliver a smaller, smarter state, but none of that is possible without data. Successive Governments failed to set out the extraordinary opportunity that data presents. Our citizens have counted the cost in slower growth, fewer jobs and flatlining productivity; in communities that feel less safe because police officers are spending more time filling in forms and less time out on the streets, where we need them; in hospitals, where patients are left waiting longer for the care that they so desperately need; and when people queue up to register the death of a loved one, or struggle to rent new homes without the decades-old documents that they need to prove their identity. An outdated approach to data is holding Britain’s economy back. This Bill will take the brakes off, unleashing a new era of wealth and opportunity for all.

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?

I am grateful to the right hon. Gentleman for pointing that out. Indeed, a lot of this Bill is based on the one that his Government introduced. They called a general election, which halted it in its tracks. We offered to get that Bill through in wash-up, but that was turned down by the Government. We are here today to discuss a Bill that his Government could well have got through; of course, they had 14 years to do so. I am grateful to him for pointing that out, and for no doubt supporting a Bill for which he claims so much credit.

The smart data measures in the Bill could make switching energy suppliers as quick and easy as switching bank accounts. Consumers will be able to compare utility prices and find better deals, putting money in their pockets. Businesses will be forced to innovate and improve their services, too. Fast-growing firms will also benefit from the digital verification services that this Bill enables. Today, people spend months waiting to get paperwork sorted for a new job. By helping people to prove who they are without physical documents, we will cut the time it takes to get on the payroll, and give businesses the freedom to get on with growth.

One of the biggest barriers to growth is the appalling state of Britain’s crumbling infrastructure. Today, streets are being endlessly dug up and re-dug up by different firms repairing gas one year and water the next. At the same time, bigger infrastructure projects have stalled and fallen silent for years. By offering a complete and accurate picture of the underground infrastructure, the national underground asset register will strengthen Britain’s building bureaucracy. It will cut the time it takes for workers on site to get the data they need from six days to six seconds. That means that they will be able to get on with building the roads, railways and homes that Britain so desperately needs.

Today, a siloed approach to data is slowing the state down. Patients are put through the same tests again and again, and prescription errors mean that they get the wrong medication. This is simply unacceptable. The NHS has one of the deepest, most diverse datasets in the world, but the people who need that data cannot access it. By introducing mandatory information standards for all information technology suppliers, this Bill will ensure that information can flow safely, securely and seamlessly through the healthcare system.

Can the Secretary of State outline the benefits that this Bill will have for my constituents in Harlow? I am thinking in particular of residents with multiple prescriptions who struggle to quickly have the data at their fingertips.

My hon. Friend is championing his constituents, and I am pleased to inform him that the Bill will deliver much more streamlined access to the healthcare system, from primary care right the way through to hospitals, where information should flow freely, not just because of the incentives being put in place but the actual requirements. Of course, when patients travel to their GP or to hospital, they will be able to count on far less disruption on the pavements and in the streets, simply because of the underground asset register. Those are just two examples of how this Bill will benefit his constituents.

The Bill will make it easier to introduce transformative new technologies such as artificial intelligence. It will reduce duplication and error, and save our doctors and nurses time so that they can focus on the patients who need them the most. The same goes for the police officers keeping our country safe: the measures proposed in this Bill will save them 1.5 million hours every single year.

Engaging with the state today takes time and effort, but I see no reason why it should. I created the new Government Digital Service to deliver efficient, convenient digital public services that are shaped around citizens’ lives. This Bill will bolster those efforts.

Open banking benefits 12 million customers every year by allowing them access to their data. It has been a great success. Does the Secretary of State see that as a model for how citizens can access their data held by the state?

Smart data underpins the service that the hon. Gentleman refers to. We see boundless opportunities for smart data to be applied in new ways, and the Bill before us will unlock some of those opportunities. I am grateful to him for getting that on the record.

An electronic register of births and deaths will make life that little bit easier for a new parent or those who have lost a loved one. However—

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?

It is imperative that we reassure people up and down the country that their data will be used safely and wisely, and that they will always remain in control of how their data is used. I can give my hon. Friend those reassurances. The House will notice that this Government have acted with transparency when it comes to informing the public how data and the algorithms that process that data are being used. Just last week I released more algorithms for public scrutiny, so that they can be put into the algorithm playbook that we have released. From Department to Department, more of those algorithms will be made available as our resources allow. That is just one example of how we are using transparency to earn the public’s trust. In the year before the general election, just one Department released an algorithm for public scrutiny.

There is a great deal in this Bill that we can all support, but some difficult concepts lurk within it, as I know the Secretary of State will recognise. He is talking about data transparency. One of the issues of concern is about precisely what we mean by the “scientific research” on which data may be employed, and precisely what we mean by “the public interest” that must be served by that scientific research. We will not examine this issue on Second Reading, but may I ask him to commit to a proper examination of those concepts as the Bill moves forward, so that we can all understand what we mean and the public can get the reassurance that he describes?

I am grateful to the right hon. Gentleman for his informed intervention. I can assure him that we take this issue very seriously. I can also assure him that this is one of the issues on which we will go into considerable depth in Committee, and I am sure that his Whips are hearing of his interest in getting on to that Committee. He is clearly volunteering to put in the hard yards to make sure that we get the Bill right.

None of the things that I have outlined will succeed without trust. People will not use technology unless they are confident that it is being used safely, but we often lack the rigorous evidence that we need to take decisions about the safety of our rapidly changing online world. The provisions in this Bill will allow researchers to access data held by platforms, enabling them to conduct robust independent research into online safety. I am grateful to peers for their dedication in rigorously scrutinising these measures. We have listened closely, and in response we have made some important changes to the Bill. First, we have brought forward measures to strengthen data protection for children. Information society service providers likely to be accessed by children will now have clear legal duties to consider how best to protect and support children when designing their data-processing activities.

Secondly, we have added a provision to help charities use email to engage with people who have previously supported their charitable purposes. Thirdly, we have committed to making it easier for people to navigate data protection measures in a world transformed by technology. In two rapidly growing sectors—automated decision making and edtech—we will ask the Information Commissioner’s Office to publish codes of practice to give people the knowledge and confidence they need to use personal data legally.

The Secretary of State will be aware that 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. In practice, this might mean that journalists could have their data processed through ADM, which could pose significant risks to their sources. What reassurance can he give me that these concerns will be explored and assessed as the Bill passes through the House?

The Bill improves the automated decision-making process, but individual attributes and sectors will be impacted and we will of course take that into consideration in Committee, where I am sure that issue will be raised. I am grateful to my hon. Friend for putting it on record on Second Reading.

Peers also added several measures during the Bill’s Report stage. First, Baroness Owen ran an admirable campaign to outlaw the creation of intimate images and deepfakes. This horrific form of online abuse has a devastating impact on its victims. The Government will work with Baroness Owen to ensure that the drafting of intimate image abuse measures in Committee keeps women and girls safe. Secondly, my Ministers will work with Opposition Members to explore the possibility of new security guidance for users of the national underground asset register, as proposed by Viscount Camrose. I am confident that we will find a solution that is satisfactory to all.

Thirdly, Viscount Colville added a public interest test for scientific researchers seeking to use clause 67 to process personal data. However, expecting scientists to define the outcomes of their work in advance goes against the unpredictable nature of research. Many groundbreaking discoveries come from research with no clear public benefits at the start. The mRNA-based vaccines that saved millions of lives during the covid-19 pandemic drew on curiosity-driven research that for years had had no practical applications. Today’s AI revolution draws on decades-old neural networks research that was long thought unimportant. As the Royal Society has said, this additional public interest requirement would be an undue bureaucratic burden on researchers. For these reasons, we will seek to overturn the measure.

Fourthly, many Members will have observed Baroness Kidron’s campaign on AI and copyright with keen interest. One of the extraordinary things about Britain is our ability to support a cutting-edge AI sector and world-leading creative industries at the same time. Both are fundamental to our future prosperity and standing in the world, and I refuse to choose between them.