Data (Use and Access) Bill [Lords]

Munira Wilson Excerpts

Wednesday 7th May 2025 Commons Chamber

[Munira Wilson (Twickenham) (LD)]

I agree with all the points the shadow Minister is making about keeping our children safe online, so why does new clause 19 only commit to a review of the digital age of data consent and raising the age from 13 to 16 for when parental consent is no longer required? Why does he not support the Liberal Democrats’ new clause 1 that would start to implement this change? We can still, through implementation, do all the things the hon. Gentleman proposes to do, so why the delay?

[Dr Spencer]

There are a few issues with new clause 1. One is the scope in terms of the definition of networking services and ensuring platforms such as WhatsApp are not captured within it. Looking at new clause 19, there are challenges to implementing in this area. There is no point in clicking our fingers and saying, “Let’s change the age of digital consent,” without understanding the barriers to implementation, and without understanding whether age verification can work in this context. We do not want to create a system and have people just get around it quite simply. We need the Government to do the work in terms of setting it up so that we can move towards a position of raising the age from 13 to 16.

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[Chris Bryant]

I am going to come to the right hon. Member’s amendment in a moment.

The study is being led by Dr Amy Orben of Cambridge University, and it is supported by scientists from nine of the UK’s premier universities, all with established expertise in this field. The study will report to the Government this month on the existing evidence base, ongoing research and recommendations for future research that will establish any causal links between smartphones, social media and children’s wellbeing. The Government will publish the report along with the planned next steps to improve the evidence base in this area to support policy making. Considering the extra work we are doing, I hope Members will not press their amendments.

[Munira Wilson]

Will the Minister give way?

[Chris Bryant]

I am afraid that I will not give way.

On new clause 13, tabled by the hon. Member for Harpenden and Berkhamsted (Victoria Collins), we share the concern that children’s data in education must be safeguarded. We have already committed to instructing the Information Commissioner’s Office to produce a statutory code of practice on the use of children’s data by edtech services once the findings of their audits have been published. We believe that defining the scope of the code in legislation now or imposing a six-month deadline for its publication risks undermining that evidence-led process.

Amendment 9, tabled by the right hon. Member for East Hampshire (Damian Hinds), seeks to ensure that platforms adopt strong age-assurance mechanisms when designing their services under the new children’s higher protection matters duty in clause 81. Of course, we subscribe to that policy aim, but the clause already strengthens UK GDPR by requiring providers of information society services to take account of how children can best be protected and supported when they are designing their processing activities. The ICO’s age-appropriate design code will be updated to provide clear and robust guidance on how services can meet these obligations, including through proportionate risk-based age assurance, where appropriate. I will take the right hon. Member’s intervention if he wants—he asked first—but I am afraid I have to be very careful because I have a lot of questions to answer.

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[Chris Bryant]

The right hon. Member makes a fair point.

[Munira Wilson]

Will the Minister give way?

[Chris Bryant]

I am terribly sorry, but I do need to crack on because I have very little time.

I have not yet mentioned new clause 21 and amendments 39 and 40. Let me start by saying that the Government accept the Supreme Court ruling, but it is paramount that we work through this judgment carefully, with sensitivity and in line with the law. We cannot simply flick a switch; we must work through the impacts of this judgment properly, recognising that this is broader than data used by digital verification services. I reflect the comment made earlier by the shadow Minister, the hon. Member for Runnymede and Weybridge (Dr Spencer), when he said that data accuracy is important.

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[The Secretary of State for Science, Innovation and Technology (Peter Kyle)]

I beg to move, That the Bill be now read the Third time.

The House has worked incredibly hard to get the Bill to where it is today. It is a relief that after so many attempts to get this piece of legislation through, over such a long period of time and multiple Governments, we will finally get it across the line. I put on record my thanks to the people who have got us to where we are, including the Members from across the House who have contributed in sincere and passionate ways during today’s debate on Report, and now on Third Reading.

I also put on record my very sincere thanks to my hon. Friend the Member for Rhondda and Ogmore (Chris Bryant), the Minister responsible. He has seen the Bill through assiduously, persistently, and with passion at all times to make sure that it passes through Parliament and is out there, benefiting the people of Britain. I thank him, and also officials in my Department for Science, Innovation and Technology. There are certain officials who have been working on this Bill since 2022 and who have put their life and soul into it, often seven times a week. Their dedication to getting this piece of legislation through should be recognised by Members right across the House—it certainly is by me. I thank them very much.

I hope the House has noticed that the Government have tabled amendments to improve the Bill until the last moment. By making it an offence to request the creation of deepfake intimate images without consent and empowering the courts to deprive offenders of images and devices containing them, we will ensure consistency in our approach to protecting women and girls from that vile, demeaning form of abuse.

To conclude in the short time I have available, the Bill will make life better for working people right across our country.

[Munira Wilson]

Will the Secretary of State give way?

[Peter Kyle]

I am afraid that in the time I have, I cannot give way. I want to do the Opposition spokesperson, the hon. Member for Havant (Alan Mak), the courtesy of allowing him to have his say in the remaining couple of minutes.

The Bill will give working people across our country a stronger economy, better public services, and more time to do the things they like with the people they love. I look forward to working with people, including hon. Members from across the House, to resolve as quickly as possible any outstanding issues that may arise after the Bill passes. The version of the Bill that is before us today is its third substantive iteration. It follows two failed attempts by the previous Government, the first of which started back in July 2022. It is time that we got this done; for far too long, our citizens and businesses have paid the price of the failure to deliver data reform, and we cannot expect them to put up with it any longer. Today, we have an opportunity to finally get it right. The Bill that is before us today will remove the brakes that are holding back our country.