Lords report stage first day. Amendment 18 agreed to. Amendment 26 disagreed to on division (79 to 112). (Part 2 of 2).

Lords report stage first day. Amendment 18 agreed to. Amendment 26 disagreed to on division (79 to 112). (Part 2 of 2).

My Lords, I support Amendment 34 from the noble Lord, Lord Clement-Jones, and will speak to my own Amendment 35, which amends it. When an algorithm is being used to make important decisions about our lives, it is vital that everyone is aware of what it is doing and what...

My Lords, I support Amendment 34 from the noble Lord, Lord Clement-Jones, and will speak to my own Amendment 35, which amends it. When an algorithm is being used to make important decisions about our lives, it is vital that everyone is aware of what it is doing and what...

Before the Minister sits down, he said that there will be evaluations of the efficacy of these systems but he did not mention whether those will have to be made public. Can he give me any assurance on that?

Before the Minister sits down, he said that there will be evaluations of the efficacy of these systems but he did not mention whether those will have to be made public. Can he give me any assurance on that?

I thank the Minister for his response. It would be very reassuring if it was our own fresh pair of eyes rather than across the North Sea. That is all I can say as far as that is concerned. I appreciate what he said—that the Government are taking this seriously....

I thank the Minister for his response. It would be very reassuring if it was our own fresh pair of eyes rather than across the North Sea. That is all I can say as far as that is concerned. I appreciate what he said—that the Government are taking this seriously....

My Lords, government Amendment 18 is similar to government Amendment 40 in the previous group, which added an express reference to children meriting specific protection to the new ICO duty. This amendment will give further emphasis to the need for the Secretary of State to consider the

fact that children...

My Lords, government Amendment 18 is similar to government Amendment 40 in the previous group, which added an express reference to children meriting specific protection to the new ICO duty. This amendment will give further emphasis to the need for the Secretary of State to consider the

fact that children...

My Lords, government Amendment 18—

My Lords, government Amendment 18—

Moved by

Lord Clement-Jones

17: Clause 70, page 78, leave out lines 9 to 30

Member’s explanatory statement

This amendment removes powers for the Secretary of State to override primary legislation and modify key aspects of UK data protection law via statutory instrument.

Moved by

Lord Clement-Jones

17: Clause 70, page 78, leave out lines 9 to 30

Member’s explanatory statement

This amendment removes powers for the Secretary of State to override primary legislation and modify key aspects of UK data protection law via statutory instrument.

I apologise for interrupting the Minister, in what sounded almost like full flow. I am sure that he was so eager to move his amendment.

In moving Amendment 17, I will speak also to Amendment 21. These aim to remove the Secretary of State’s power to override primary legislation and modify...

I apologise for interrupting the Minister, in what sounded almost like full flow. I am sure that he was so eager to move his amendment.

In moving Amendment 17, I will speak also to Amendment 21. These aim to remove the Secretary of State’s power to override primary legislation and modify...

My Lords, I thank the noble Lord, Lord Clement-Jones, for raising these significant issues. While I share some of the concerns expressed, I find myself unable—at least for the moment—to offer support for the amendments in their current form.

Amendment 17 seeks to remove the powers granted to the Secretary of...

My Lords, I thank the noble Lord, Lord Clement-Jones, for raising these significant issues. While I share some of the concerns expressed, I find myself unable—at least for the moment—to offer support for the amendments in their current form.

Amendment 17 seeks to remove the powers granted to the Secretary of...

My Lords, I thank the Minister for that considered reply. It went into more detail than the letter he sent to the two committees, so I am grateful for that, and it illuminated the situation somewhat. But at the end of the day, the Minister is obviously intent on retaining...

My Lords, I thank the Minister for that considered reply. It went into more detail than the letter he sent to the two committees, so I am grateful for that, and it illuminated the situation somewhat. But at the end of the day, the Minister is obviously intent on retaining...

Before the Minister sits down, can I follow up and ask a question about invisible processing? I wonder whether he considers that a better way of addressing potential concerns about invisible processing is improving the privacy notices when people originally sign up for the open electoral register. That would mean...

Before the Minister sits down, can I follow up and ask a question about invisible processing? I wonder whether he considers that a better way of addressing potential concerns about invisible processing is improving the privacy notices when people originally sign up for the open electoral register. That would mean...

The further discussions with the ICO are exactly to try to get to these points about the right way to do it. It is important that people know what they are signing up for, and it is equally important that they are aware that they can withdraw at any point....

The further discussions with the ICO are exactly to try to get to these points about the right way to do it. It is important that people know what they are signing up for, and it is equally important that they are aware that they can withdraw at any point....

I thank noble Lords for having humoured me in the detail of this debate. I am very pleased to hear that response from the Minister and look forward to ongoing discussions with the ICO and the companies involved. As such, I beg leave to withdraw my amendment.

I thank noble Lords for having humoured me in the detail of this debate. I am very pleased to hear that response from the Minister and look forward to ongoing discussions with the ICO and the companies involved. As such, I beg leave to withdraw my amendment.

Moved by

Viscount Camrose

26: Clause 80, page 94, line 24, at end insert—

“3. When an automated decision-making process involves artificial intelligence (AI), the AI programme must have due regard for the following principles—

(a) safety, security, and robustness;

(b) appropriate transparency and explainability;

(c) fairness;

(d) accountability and governance;

(e) contestability and redress.”

Member's explanatory statement

This amendment...

Moved by

Viscount Camrose

26: Clause 80, page 94, line 24, at end insert—

“3. When an automated decision-making process involves artificial intelligence (AI), the AI programme must have due regard for the following principles—

(a) safety, security, and robustness;

(b) appropriate transparency and explainability;

(c) fairness;

(d) accountability and governance;

(e) contestability and redress.”

Member's explanatory statement

This amendment...

My Lords, I rise to speak to Amendments 26, 31 and 32 tabled in my name and that of my noble friend Lord Markham. I will address the amendments in reverse order.

Amendment 32 would ensure that, where a significant decision is taken by ADM, the data subject was able to...

My Lords, I rise to speak to Amendments 26, 31 and 32 tabled in my name and that of my noble friend Lord Markham. I will address the amendments in reverse order.

Amendment 32 would ensure that, where a significant decision is taken by ADM, the data subject was able to...

My Lords, I will speak to Amendments 28, 29, 33, 34 and 36. I give notice that I will only speak formally to Amendment 33. For some reason, it seems to have escaped this group and jumped into the next one.

As we discussed in Committee, and indeed on its previous...

My Lords, I will speak to Amendments 28, 29, 33, 34 and 36. I give notice that I will only speak formally to Amendment 33. For some reason, it seems to have escaped this group and jumped into the next one.

As we discussed in Committee, and indeed on its previous...

My Lords, I support what the noble Baroness, Lady Freeman, said. Her maiden speech was a forewarning of how good her subsequent speeches would be and how dedicated she is to openness, which is absolutely crucial in this area. We are going to have to get used to a lot...

My Lords, I support what the noble Baroness, Lady Freeman, said. Her maiden speech was a forewarning of how good her subsequent speeches would be and how dedicated she is to openness, which is absolutely crucial in this area. We are going to have to get used to a lot...

I start with Amendment 26, tabled by the noble Viscount, Lord Camrose. As he said in Committee, a principles-based approach ensures that our rules remain fit in the face of fast-evolving technologies by avoiding being overly prescriptive. The data protection framework achieves this by requiring organisations to apply data protection...

I start with Amendment 26, tabled by the noble Viscount, Lord Camrose. As he said in Committee, a principles-based approach ensures that our rules remain fit in the face of fast-evolving technologies by avoiding being overly prescriptive. The data protection framework achieves this by requiring organisations to apply data protection...

My Lords, before the Minister sits down, I was given considerable assurance between Committee and Report that a code of practice, drawn up with the ICO, would be quite detailed in how it set out the requirements for those engaging in automated decision-making. The Minister seems to have given some...

My Lords, before the Minister sits down, I was given considerable assurance between Committee and Report that a code of practice, drawn up with the ICO, would be quite detailed in how it set out the requirements for those engaging in automated decision-making. The Minister seems to have given some...