We started with the Data Protection and Digital Information Bill, which got lost in the shuffle when the last government called for a general election. Then came the Digital Information and Smart Data Bill, announced in the King’s speech last July but never saw the light of day. Now, we’re on to the Data Use and Access Bill, which has made its way to the House of Lords.
While many elements feel familiar, each bill has its own twists. We’re diving into the committee stage of this latest version, so it’s worth outlining what it aims to do and how we plan to make some changes.
The government says this bill will boost the “smart data” model in various sectors. It intends to create a trust framework for digital verification services, put the National Underground Asset Register on a solid legal foundation, allow for electronic registration of births and deaths, standardize information in health and social care IT systems for easier patient data transfer, and remove the requirement for police to justify each time they access personal data.
They’re touting big economic potential too, estimating a £10 billion boost to the UK economy over the next decade. They believe the smart data framework and the asset register will help consumers and businesses share information more effectively, leading to better decision-making.
Currently, open banking is the sole example of a smart data scheme in the UK. It started here, and it’s been so successful that over 60 places around the world have adopted similar models—often progressing faster than the UK has. We need to leverage that early lead, not just in banking but also in areas like energy, where customers could easily compare prices to snag better deals, cut energy consumption, and spark competition that benefits the economy.
Imagine if authorized third parties acted as intermediaries for our data, making it as simple as one click to switch services instead of drowning in paperwork.
Now, let’s touch on generative AI, data protection, and building trust. For the government’s goals to take flight, they need to secure public trust through clarity, consistency, and safeguarding privacy rights. There’s a constant stream of news about AI, but what would AI be without solid data protection? The evolution of the bill has marked the rise of generative AI, which raises new questions about data rights and automated decision-making in the job market, to name one area without adequate regulation currently.
As we see speech and language models using countless data points for training—often lifted off the internet—we find that existing protections are being stretched. Research shows the public wants their data to be well-regulated and for them to know how it’s used. This bill must respond to those expectations.
Unfortunately, some parts of the bill may actually weaken those protections, making enforcement tougher. If enforcement falls short, public trust suffers, and trust is crucial for using data effectively—and smartly.
That’s where we stand with this bill right now. I’ll be sharing my suggested amendments shortly. It’s likely that the Data Use and Access Bill will eventually become law, so it’s crucial that it’s fine-tuned to protect citizens while promoting innovation and advancing the digital identity conversation. There’s still a way to go.
I’m Lord Chris Holmes of Richmond, a member of the House of Lords. I advocate for technology’s potential and champion diversity and inclusion. I’m co-chair of groups focused on fintech, AI, blockchain, assistive technology, and the Fourth Industrial Revolution. I also have a background as a Paralympic swimmer, with nine gold medals, five silver, and one bronze across four Games, including six golds at Barcelona 1992.