A Call for Evidence has been launched for the Data (Use and Access) Bill which has reached its committee stage in the House of Commons.

We have commented previously on the contents of the Bill here. It is the successor to the Data Protection and Digital Information Bill (“DPDI”) which failed to be carried over into the current parliamentary session following the general election last year. Like the DPDI, the Bill seeks to update the UK’s data protection regime following Brexit.

The Bill is predictably broad in scope, containing some 138 sections. Whilst some of the provisions in the DPDI have been removed, many remain intact. For example, the introduction of the concept of ‘recognised legitimate interests’ – specific purposes, set out in the legislation, on which controllers can rely and thereby forgo the requirement to conduct a full Legitimate Interests Assessment – is still present.

Similarly, the new Bill largely retains the DPDI’s approach to automated decision-making, meaning that organisations will ordinarily be permitted to use automatic decision-making so long as they implement appropriate safeguards as set out in the legislation, such as allowing the data subject to make representations about, and to contest, decisions. Further restrictions are imposed, however, in scenarios where sensitive processing is involved, requiring either that the data subject has given explicit consent, or that the decision is required or authorised by law.

In addition, the new Bill builds on the DPBI by introducing measures which, in the words of the Government, are “innovative uses of data” which will boost the economy. These include (1) “establishing a trust framework for digital verification services”; (2) “placing the national underground asset register on a statutory footing”; and (3) “creat[ing] the right conditions to support the future of open banking and the growth of new smart data schemes, models which allow consumers and businesses who want to safely share information about them with regulated and authorised third parties, to generate personalised market comparisons and financial advice to cut costs”.

During its progression through the House of Lords, a number of amendments to the Bill were introduced, including one which sought to introduce provisions to protect copyright holders against certain activities of AI developers (on which we have commented here). It remains to be seen how the House of Commons will address these amendments, although much will depend on the outcome of the current consultation on AI and Copyright (which we discuss here).

In the meantime, the Public Bill Committee welcomes any views on the Bill before it reports on 18 March. Those wishing to submit evidence are encouraged to do so as soon as possible.

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