Global: UK Advances Data Protection Bill Amid AI and EU Alignment Concerns

The UK Data Protection and Digital Information Bill have progressed to the committee stage for meticulous examination after receiving a second reading in the House of Lords.

Viscount Camrose, Parliamentary Under Secretary of State for the Department of Science, Innovation, and Technology, introduced the Bill during its second reading, emphasizing that it enables the Information Commissioner’s Office (ICO) to take a more measured approach in intervening in disputes. This approach allows the ICO to step in later in the process, allowing individuals to resolve issues sensibly themselves.

The Bill has significant implications for biometrics regulation in the UK, including the elimination of the Biometrics and Surveillance Camera Commissioner’s role, with some responsibilities shifting to the ICO. A recent academic report expressed concerns that this move could leave certain areas without adequate government oversight.

Introduced to the House of Commons last March, the Bill passed its third reading in November after amendments were made to enhance police powers to retain biometrics for a longer duration in line with Interpol and EU practices.

Camrose highlighted the potential economic benefits of the Bill, particularly in open banking, which is expected to deliver £12 billion to consumers and £6 billion to small businesses annually. The Bill also enhances individual control over data through the introduction of digital identity, putting identity verification services on a secure and trusted foundation.

However, during the debate, Opposition Members cautioned that the Bill might weaken protections against data exploitation, particularly concerning artificial intelligence (AI). Lord Knight from the Labour party expressed concerns that the Bill lacks oversight of cutting-edge AI developments like biometric technology, citing a report from the Ada Lovelace Institute. He argued that the expanded scope of “legitimate interest” could potentially ignore data privacy rights.

The length of the Bill also raised concerns, with around 260 introduced amendments adding 150 pages after the initial line-by-line scrutiny.

Opposition Lords also highlighted concerns about the adequacy of the Bill for cross-border data flow with the EU. In response, Camrose stated that the government does not consider data protection legislation as the appropriate basis for the regulation of AI.

The committee stage’s start date is yet to be determined.