Asked by: Andy McDonald (Labour - Middlesbrough and Thornaby East)
Question to the Department for Business and Trade:
To ask the Secretary of State for Business and Trade, how individuals are informed by his Department that decisions affecting them have been taken (a) in whole and (b) in part by automated means.
Answered by Kate Dearden - Minister of State (Department for Business, Innovation, Science and Trade)
The Department does not currently have tools, products or processes that rely on automated decision-making (ADM).
Individuals are informed about how their personal data is processed through Privacy Notices, which are kept under review and updated where required.
If ADM is introduced, transparency requirements would apply as soon as the Department obtains individuals’ data for solely ADM. Articles 13 and 14 of the UK GDPR require organisations to provide privacy information about the existence of solely ADM. Where decisions are supported by automation but involve meaningful human input that influences the outcome, they would not be considered solely automated decisions.
Asked by: Andy McDonald (Labour - Middlesbrough and Thornaby East)
Question to the Department for Business and Trade:
To ask the Secretary of State for Business and Trade, what steps his Department has taken to ensure that human oversight of automated decisions is (a) substantive and (b) effective.
Answered by Kate Dearden - Minister of State (Department for Business, Innovation, Science and Trade)
The Department does not currently have tools, products or processes that rely on automated decision-making. Reforms to the solely automated decision-making provisions in the Data (Use and Access) Act 2025 make clear that such decisions are those made without meaningful human involvement, helping to prevent 'rubber stamping' of decisions. The Information Commissioner's Office guidance states that human involvement must be active and not merely a token gesture to be meaningful. Adoption of that type of approach in the Department would comply with legal requirements and associated guidance through amendments to existing governance processes.
Asked by: Andy McDonald (Labour - Middlesbrough and Thornaby East)
Question to the Department for Business and Trade:
To ask the Secretary of State for Business and Trade, with reference to the Data (Use and Access) Act 2025, on what basis Automated Decision-Making in his Department are being made.
Answered by Kate Dearden - Minister of State (Department for Business, Innovation, Science and Trade)
The Department for Business and Trade does not use automated decision-making to make decisions about individuals or businesses that produce legal or similarly significant effects without meaningful human involvement. Where automated tools are used to support decision-making, outputs are reviewed by departmental officials and final decisions remain subject to human judgement.
Asked by: Andy McDonald (Labour - Middlesbrough and Thornaby East)
Question to the Department for Business and Trade:
To ask the Secretary of State for Business and Trade, what steps his Department is taking to ensure compliance with data protection requirements under the Data (Use and Access) Act 2025 relating to the processing of special category data, including data relating to health or protected characteristics.
Answered by Kate Dearden - Minister of State (Department for Business, Innovation, Science and Trade)
Data Protection Impact Assessments (DPIAs) are automatically triggered within the Department's governance system where a processing activity involves the use of special category data, including health data or data relating to protected characteristics. Data Protection advisors review these assessments and provide advice to ensure that appropriate safeguards are in place in line with UK GDPR requirements and Information Commissioner's Office (ICO) guidance. Where substantial public interest is relied upon as the condition for processing special category data, an Appropriate Policy Document is put in place.
Asked by: Andy McDonald (Labour - Middlesbrough and Thornaby East)
Question to the Department for Business and Trade:
To ask the Secretary of State for Business and Trade, what guidance his Department has issued internally to ensure compliance with the provisions of the Data (Use and Access) Act 2025 in relation to automated decision-making.
Answered by Kate Dearden - Minister of State (Department for Business, Innovation, Science and Trade)
The department does not currently have tools, products or processes that rely on automated decision making. Future plans include making decisions about businesses including eligibility and will have the necessary safeguards. The department is in the process of introducing this technology in relation to new work being undertaken and plans to issue future guidance.
Asked by: Andy McDonald (Labour - Middlesbrough and Thornaby East)
Question to the Department for Business and Trade:
To ask the Secretary of State for Business and Trade, whether his Department maintains a (a) public register and (b) internal inventory of automated decision-making systems.
Answered by Kate Dearden - Minister of State (Department for Business, Innovation, Science and Trade)
The Department does not currently use automated decision-making systems and therefore does not maintain a dedicated public or internal register of such systems. Should the Department introduce automated decision-making in future, it would ensure compliance with applicable legal and governance requirements, including the safeguards set out in the UK GDPR and the Data (Use and Access) Act 2025. Public-facing algorithmic tools may be recorded through the Algorithmic Transparency Recording Standard, and the Department maintains internal governance records relating to AI tools and systems.
Asked by: Andy McDonald (Labour - Middlesbrough and Thornaby East)
Question to the Department for Business and Trade:
To ask the Secretary of State for Business and Trade, what safeguards he has implemented to ensure compliance with statutory requirements relating to automated decision-making, including rights to information, human review and challenge in the context of the Data (Use and Access) Act 2025.
Answered by Kate Dearden - Minister of State (Department for Business, Innovation, Science and Trade)
The Department does not currently have tools, products or processes that rely on automated decision-making. Article 22C of the UK GDPR contains safeguards for solely automated decisions that have legal or similarly significant effects on individuals. The Department processes a relatively low volume of personal data, and decisions are more commonly made about organisations rather than individuals.
Asked by: Andy McDonald (Labour - Middlesbrough and Thornaby East)
Question to the Department for Business and Trade:
To ask the Secretary of State for Business and Trade, what steps his Department has taken to assess and mitigate risks of (a) bias and (b) discrimination arising from the use of automated decision-making systems.
Answered by Kate Dearden - Minister of State (Department for Business, Innovation, Science and Trade)
The Department does not currently use tools, products or processes that rely on automated decision making.
Our AI Governance process assesses all AI-related use cases for potential bias and discrimination. Where risks are identified, additional governance and assurance activities are required before approval is granted.
The UK’s data protection framework is underpinned by principles of lawfulness, fairness, transparency and accountability. The Government commissioned ICO guidance has been published on automated decision-making, profiling and artificial intelligence to support organisations in complying with their obligations. If the department makes use of ADM then it will fully comply with legal requirements and associated guidance.
Asked by: Andy McDonald (Labour - Middlesbrough and Thornaby East)
Question to the Department for Business and Trade:
To ask the Secretary of State for Business and Trade, what processes are in place to enable individuals to seek human review and to challenge decisions made by automated systems in the context of the Data (Use and Access) Act 2025.
Answered by Kate Dearden - Minister of State (Department for Business, Innovation, Science and Trade)
The department does not currently have tools, products or processes that rely on automated decision making.
The Data (Use and Access) Act 2025 clarified safeguards relating to solely automated decision-making. Individuals who are subject to significant decisions made solely through automated processing must be provided with information about the decision and have the right to challenge it, make representations and obtain human intervention.
Asked by: Andy McDonald (Labour - Middlesbrough and Thornaby East)
Question to the Department for Business and Trade:
To ask the Secretary of State for Business and Trade, how his Department defines and ensures meaningful human involvement in decisions supported and made by automated systems in the context of the Data (Use and Access) Act 2025.
Answered by Kate Dearden - Minister of State (Department for Business, Innovation, Science and Trade)
If the Department adopts automated decision-making (ADM), relevant legal requirements and associated guidance would be followed. The Government does not prescribe a single definition of meaningful human involvement, as this is context specific. Current ICO guidance states that human involvement must be active and not merely a token gesture to be meaningful. It is for each data controller to determine and demonstrate whether processing includes meaningful human involvement and to ensure compliance with applicable data protection legislation. The Department does not currently have tools, products or processes that rely on automated decision-making.