During the second reading of the Data (Use and Access) Bill (DUA Bill) in the House of Lords on Tuesday, 19 November 2024, concerns were raised about the implications of artificial intelligence (AI) on personal data processing and the unauthorised scraping of copyrighted material.
An analysis of the debate by Pinsent Masons reveals Labour Lord Davies of Brixton highlighted the need for amendments to ensure individuals are informed when AI systems make automated decisions that affect them. Lord Davies criticised the DUA Bill for shifting the responsibility to individuals to enforce their rights instead of requiring organisations to justify the use of automation.
Conservative peer Lord Holmes of Richmond highlighted the importance of labelling AI-involved products and advocating for greater transparency in the decision-making process.
Several peers raised concerns about the potential for biased outcomes in automated decision-making (ADM). Liberal Democrat peer Lord Clement-Jones echoed these concerns, adding that powers to "redefine what ADM actually is" could increase the "risk of biased and discriminatory outcomes in ADM systems."
Meanwhile, Labour peer Lord Stevenson of Balmacara called on the government to strengthen protections for the creative industries against data scraping by AI developers, arguing that adherence to UK copyright law is essential. As such, he called for tougher compliance measures and transparency regarding the data used by AI crawlers.
Crossbench peer Viscount Colville of Culross also raised concerns about potential copyright issues arising from the government's proposed expansions to the definition of 'scientific research' within the Bill. He cautioned that this change might blur the lines between legitimate research and product development, risking the exploitation of data under the guise of science. The debate highlighted the urgent need for clear guidelines to navigate the challenges posed by emerging AI technologies.
Some peers also raised the need to ease data protection compliance burdens for SMEs, while others warned that reforming data laws should not jeopardise the renewal of the EU's adequacy decision set to expire in June 2025.
Commenting on the debate, Sarah Cameron, a technology law specialist at Pinsent Masons, indicated that many of the AI-related concerns raised during the debate may be addressed separately from the DUA Bill, noting Prime Minister Keir Starmer's commitment to regulate powerful AI models by 2025.
Meanwhile, Malcolm Dowden, Senior Practice Development Lawyer at Pinsent Masons, indicated that the House of Lords committee stage for the DUA Bill will begin on 3 December, with further sessions scheduled shortly after that. He also said that the government is determined to press ahead with the passage of the Bill, making substantial amendments regarding AI unlikely.
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