Draft Data (Use and Access) Act 2025 (Consequential Amendments and Transitional Provision) Regulations 2026

Ben Spencer Excerpts

Wednesday 4th March 2026 General Committees

[Dr Ben Spencer (Runnymede and Weybridge) (Con)]

It is a pleasure to serve under your chairmanship, Ms Lewell. The statutory instrument makes consequential amendments to references in primary and secondary legislation to reflect the abolition of the Information Commissioner’s Office and the transfer of its functions to a new body corporate, the Information Commission. The Information Commission was granted additional powers and duties under the Data (Use and Access) Act, reflecting the increasing breadth of issues that impact data protection regulation, including the power to commission a new strategic framework and implementation plan. Obligations under the new framework set out a requirement for the Information Commission to take into account specified considerations when undertaking its duties, including the promotion of innovation and competition and the fact that children merit specific protection.

On the important question of protections for children, the Minister will be aware that His Majesty’s official Opposition, in my name, tabled a new clause to the Data (Use and Access) Bill on this very issue. It sought to compel the Secretary of State to undertake a review within 12 months of Royal Assent, which was received in June 2025, of the case for raising the age of consent for social media to 16 under GDPR. The new clause received broad cross-party support but was voted down by the Government. Having finally responded, albeit too little and too late, to His Majesty’s Opposition and widespread public pressure to act, the Government launched their consultation on social media access for under-16s earlier this week. Does the Minister agree that had the Government accepted our amendment, their review would now be well under way, and we would be several steps closer to a solution for this generationally important challenge. I hope that in future they will consider a bit further the question of accepting Opposition amendments.

In an increasingly digitised world, our industry regulators, including the Information Commission, face an ever-growing workload in circumstances where resources are under pressure. What discussion is the Minister’s Department having with the Information Commission about its ongoing strategy to ensure that it can meet its expanded role effectively?

--- Later in debate ---

[Ian Murray]

Let me answer the questions from the shadow Minister. Do we agree with the Conservative party on how they tabled the new clause? No, we do not. The consultation into the Online Safety Act 2023 and the protection of children online was launched this week. The sheer volume of responses that we have had so far justifies the fact that we should have that national conversation. It is not straightforward. First, the Government have to get that right, and, secondly, we have to take into account a whole host of views, including from charities that are very much against those kinds of issues. We have to listen to young people, too, and that is a very clear component of the consultation. The regulations are not directly related to that, but I am happy to answer those questions. I hope that the Opposition will engage with that consultation in good faith and suggest what they think should happen. They already support the ban and should therefore propose it.

[Dr Spencer]

Apologies if I get this wrong, and I admit that I went through it quite quickly, but when I looked at the consultation data entry on the web earlier this week, I could not see a point where an entry could be linked to an individual person. Will the Minister’s Department double-check data security for the consultation? I am sure he agrees that we would not want the consultation to be hijacked by any group of a particular bent feeding in inappropriate responses or trying to drown out a particular type of view as the consultation goes forward.

[The Chair]

I remind the Minister and the official Opposition spokesperson that we are straying away somewhat from the statutory instrument. The Minister should keep his response quite short and the hon. Member for Runnymede and Weybridge should not intervene again on that topic.