Data (Use and Access) Bill [Lords]

Chi Onwurah Excerpts

Wednesday 7th May 2025 Commons Chamber

[Madam Deputy Speaker (Ms Nusrat Ghani)]

I call the Chair of the Science, Innovation and Technology Committee.

[Chi Onwurah (Newcastle upon Tyne Central and West) (Lab)]

I would like to thank colleagues in the other place and in this House who have worked so hard to improve the Bill. By modernising data infrastructure and governance, this Bill seeks to unlock the secure, efficient use of data while promoting innovation across sectors. As a tech evangelist, as well as the Chair of the Science, Innovation and Technology Committee, I welcome it, and I am pleased to see colleagues from the Select Committee, my hon. Friend the Member for Stoke-on-Trent South (Dr Gardner) and the right hon. Member for North West Hampshire (Kit Malthouse), here for this debate.

Having spent many unhappy hours when working for Ofcom trying to find out where British Telecom’s ducts were actually buried, I offer a very personal welcome to the national underground asset register, and I thank the Minister for his work on this Bill as well as for his opening comments.

I agree with the Minister that there is much to welcome in this Bill, but much of the Second Reading debate was consumed by discussion on AI and copyright. I know many Members intend to speak on that today, so I will just briefly set out my view.

The problem with the Government’s proposals on AI and copyright are that they give all the power to the tech platforms who—let us be frank—have a great deal of power already, as well as trillions of dollars in stock market capitalisation and a determination to return value to their shareholders. What they do not have is an incentive to design appropriate technology for transparency and rights reservation if they believe that in its absence they will have free access to our fantastic creators’ ingenuity. It is essential that the Minister convinces them that if they do not deliver this technology—I agree with him that it is highly possible to do so—then he will impose it.

Perhaps the Minister could announce an open competition, with a supplier contract as the prize, for whichever innovative company designs something. The Science, Innovation and Technology Committee, sitting with the Culture, Media and Sport Committee, heard from small companies that can do just that. The tech giants might not like it, but I often say that the opposite of regulation is not no regulation—it is bad regulation. If the tech platforms do not lead, they will be obliged to follow because the House will not allow the copyright of our fantastic creators to be put at risk. The Minister knows that I think him extremely charismatic and always have done, but I do not believe that “Chris from DSIT” can prevail against the combined forces of Björn from Abba and Paul from The Beatles.

The prospects for human advancement opened by using data for scientific research are immense. As a world-leading science powerhouse, the UK must take advantage of them. That is why, despite being a strong advocate of personal data rights, I welcome the Bill’s proposals to allow the reuse of data without consent for the purposes of scientific research. I am concerned, however, that the exemption is too broad and that it will be taken advantage of by data-hungry tech companies using the exemption even if they are not truly advancing the cause of scientific progress but simply, as with copyright, training their AI models.

Huge amounts of data is already collected by platforms, such as direct messages on Instagram or via web-scraping of any website that contains an individual’s personal data such as published records or people’s public LinkedIn pages. We know it can be misused because it has been, most recently with Meta’s controversial decision to use Instagram-user data to train AI models, triggering an Information Commissioner’s Office response because of the difficulty users encountered in objecting to it. Then there is the risk of data collected via tracking cookies or the profiling of browsing behaviour, which companies such as Meta use to fingerprint people’s devices and track their browsing habits. Could the data used to create ads also be freely reusable under this exemption? The US tech firm Palantir has the contract for the NHS federated data platform. Amnesty International has already raised concerns about the potential for patients’ data being mishandled. Does the Bill mean that our health data could be reused by Palantir for what it calls research purposes?

[David Davis (Goole and Pocklington) (Con)]

Before the hon. Lady moves on from Palantir, I think the House should know that it is an organisation with its origins in the American security state—the National Security Agency and the Central Intelligence Agency—and I cannot understand for the life of me why we are willing to commit the data of our citizens to an organisation like that.

--- Later in debate ---

[Chi Onwurah]

I thank the right hon. Member for that intervention. I will leave it to the Minister to address his point.

The concern that is probably of most interest to my constituents is reflected in the recent report by The Sunday Times that Chelsea football club claims research and development tax credits. Will the Minister confirm that if Chelsea were to collect data on Newcastle United fans attending an away match at Stamford Bridge, it could be reused for whatever research it is undertaking as a consequence of the exemption?

My amendments 37 and 38 would incorporate into the Bill two clarifications to help reduce the potential misuse of the scientific research exemption. I thank the Ada Lovelace Institute for its help in drafting the amendments. Amendment 37 proposes placing in the Bill a basic definition of scientific research based on the “Frascati Manual” used by the ICO, enabling the “reasonably described” test to be assessed against an objective standard.

--- Later in debate ---

[Chi Onwurah]

I thank my hon. Friend for that intervention. The Minister referred to that briefly, describing it, in relation to AI, as a pipeline where bad data in would mean bad data out. My hon. Friend knows that the definition of sex and gender has been controversial and contested. The Supreme Court brought some clarity and it is important that data collection reflects consistency and clarity. If we have bad data definitions, we will undoubtedly have bad consequences. As I said, it is important that we have consistency and definition when it comes to the collection of data for these purposes, and I look forward to hearing how that will be achieved.

I also want to speak briefly in support of clause 125, which introduces rules allowing researchers to access data from online services for online safety research. The Science, Innovation and Technology Committee’s inquiry into social media algorithms in misinformation heard considerable evidence on the role of algorithms in pushing misinformation generally, and particularly to children. I very much welcome this clause, which will increase transparency, but could the Minister clarify that it will fully cover the recommender algorithms used by social media platforms, which drive new content to users?

My constituents often feel that advances in technology are done to them rather than with them and for their benefit. Critically, our constituents need to feel that they have agency over the way data impacts their lives. Rather than feeling empowered by digital innovation, too many feel the opposite: disempowered, undermined, dehumanised, tracked and even attacked. Delivering the improvements promised by the Bill must therefore go hand in hand with respecting the rights of citizens to control and manage their data and driving innovation and scientific research benefits to them.

[Madam Deputy Speaker (Ms Nusrat Ghani)]

I call the Liberal Democrat spokesperson.