Lords motion to consider. Agreed to on question.

Lords motion to consider. Agreed to on question.

My Lords, as we have heard, this instrument amends Schedule 7 to the Online Safety Act 2023 to add cyber flashing and content encouraging self-harm to the list of priority offences. I thank the Minister for setting out some of the most alarming facts and figures associated with those offences.

As...

My Lords, as we have heard, this instrument amends Schedule 7 to the Online Safety Act 2023 to add cyber flashing and content encouraging self-harm to the list of priority offences. I thank the Minister for setting out some of the most alarming facts and figures associated with those offences.

As...

I am particularly interested in whether it is a legitimate defence for a platform to say, “We could not have prevented this access because a VPN was in use”, and therefore whether it falls to the platforms themselves to figure out how to prevent abuse via VPNs.

I am particularly interested in whether it is a legitimate defence for a platform to say, “We could not have prevented this access because a VPN was in use”, and therefore whether it falls to the platforms themselves to figure out how to prevent abuse via VPNs.

My Lords, I thank the Minister for setting out this instrument so clearly. It certainly seems to make the necessary relatively simple adjustments to fill an important gap that has been identified. Although I have some questions, I will keep my remarks fairly brief.

I will reflect on the growing importance...

My Lords, I thank the Minister for setting out this instrument so clearly. It certainly seems to make the necessary relatively simple adjustments to fill an important gap that has been identified. Although I have some questions, I will keep my remarks fairly brief.

I will reflect on the growing importance...

Lords motion to consider. Agreed to on question.

Lords motion to consider. Agreed to on question.

Lords committee stage third day. Clause 14, as amended, agreed to. Schedule 3 agreed to. Clauses 15 to 24 agreed to. Schedule 4 agreed to. Clause 25, as amended, agreed to.

Lords committee stage third day. Clause 14, as amended, agreed to. Schedule 3 agreed to. Clauses 15 to 24 agreed to. Schedule 4 agreed to. Clause 25, as amended, agreed to.

I thank the noble Lords, Lord Clement-Jones and Lord Knight, my noble friend Lord Holmes and the noble Baronesses, Lady Jones, Lady Kidron and Lady Bennett—

I thank the noble Lords, Lord Clement-Jones and Lord Knight, my noble friend Lord Holmes and the noble Baronesses, Lady Jones, Lady Kidron and Lady Bennett—

I apologise to my noble friend. I cannot be having a senior moment already—we have only just started. I look forward to reading that part in Hansard.

I can reassure noble Lords that data subjects still have the right to object to solely automated decision-making. It is not an absolute right...

I apologise to my noble friend. I cannot be having a senior moment already—we have only just started. I look forward to reading that part in Hansard.

I can reassure noble Lords that data subjects still have the right to object to solely automated decision-making. It is not an absolute right...

I reject the characterisation of Clause 14 or any part of the Bill as loosening the safeguards. It focuses on the outcomes and by being less prescriptive and more adaptive, its goal is to heighten the levels of safety of AI, whether through privacy or anything else. That is the...

I reject the characterisation of Clause 14 or any part of the Bill as loosening the safeguards. It focuses on the outcomes and by being less prescriptive and more adaptive, its goal is to heighten the levels of safety of AI, whether through privacy or anything else. That is the...

Certainly. Being prescriptive and applying one-size-fits-all measures for all processes covered by the Bill encourages organisations to follow a process, but focusing on outcomes encourages organisations to take better ownership of the outcomes and pursue the optimal privacy and safety mechanisms for those organisations. That is guidance that came out...

Certainly. Being prescriptive and applying one-size-fits-all measures for all processes covered by the Bill encourages organisations to follow a process, but focusing on outcomes encourages organisations to take better ownership of the outcomes and pursue the optimal privacy and safety mechanisms for those organisations. That is guidance that came out...

I absolutely agree about the outcome of higher safety for children. We will come to debate whether the mechanism for determining or specifying that outcome is writing that down specifically, as suggested.

I absolutely agree about the outcome of higher safety for children. We will come to debate whether the mechanism for determining or specifying that outcome is writing that down specifically, as suggested.

Indeed. That may well be the case, but how that regulatory instruction is expressed can be done in multiple ways. Let me continue; otherwise, I will run out of time.

Indeed. That may well be the case, but how that regulatory instruction is expressed can be done in multiple ways. Let me continue; otherwise, I will run out of time.

Let me make the broad point that there is no single list of outcomes for the whole Bill but, as we go through clause by clause, I hope the philosophy behind it, of being less prescriptive about process and more prescriptive about the results of the process that we desire,...

Let me make the broad point that there is no single list of outcomes for the whole Bill but, as we go through clause by clause, I hope the philosophy behind it, of being less prescriptive about process and more prescriptive about the results of the process that we desire,...

I absolutely recognise the seriousness and importance of the points made by the noble Baroness. Of course, I would be happy to write to her and meet her, as I would be for any Member in the Committee, to give—I hope—more satisfactory answers on these important points.

As an initial clarification...

I absolutely recognise the seriousness and importance of the points made by the noble Baroness. Of course, I would be happy to write to her and meet her, as I would be for any Member in the Committee, to give—I hope—more satisfactory answers on these important points.

As an initial clarification...

It is entirely my fault; when I sit down and stand up again, I lose my place.

We would always take the views of the DPRRC very seriously on that. Clearly, the Bill is being designed without the idea in mind of losing or diminishing any of those safeguards; otherwise, it...

It is entirely my fault; when I sit down and stand up again, I lose my place.

We would always take the views of the DPRRC very seriously on that. Clearly, the Bill is being designed without the idea in mind of losing or diminishing any of those safeguards; otherwise, it...

Moved by

Viscount Camrose

61: Clause 14, page 28, line 17, leave out “using sensitive personal data” and insert “based on sensitive processing”

Member’s explanatory statement

This amendment of a heading is consequential on the amendment in my name to clause 14, page 28, line 19.

Moved by

Viscount Camrose

61: Clause 14, page 28, line 17, leave out “using sensitive personal data” and insert “based on sensitive processing”

Member’s explanatory statement

This amendment of a heading is consequential on the amendment in my name to clause 14, page 28, line 19.

Moved by

Viscount Camrose

63: Clause 14, page 28, line 19, leave out “sensitive personal data” and insert “sensitive processing (as defined in section 35(8))”

Member’s explanatory statement

This technical amendment adjusts the wording of new section 50B(1) of the Data Protection Act 2018 to refer to “sensitive processing”, rather than “sensitive personal data”,...

Moved by

Viscount Camrose

63: Clause 14, page 28, line 19, leave out “sensitive personal data” and insert “sensitive processing (as defined in section 35(8))”

Member’s explanatory statement

This technical amendment adjusts the wording of new section 50B(1) of the Data Protection Act 2018 to refer to “sensitive processing”, rather than “sensitive personal data”,...

I feel under amazing pressure to get the names right, especially given the number of hours we spend together.

I thank the noble Lord, Lord Clement-Jones, and the noble Baroness, Lady Kidron, for tabling Amendments 74 to 78, 144 and 252 in this group. I also extend my thanks to noble...

I feel under amazing pressure to get the names right, especially given the number of hours we spend together.

I thank the noble Lord, Lord Clement-Jones, and the noble Baroness, Lady Kidron, for tabling Amendments 74 to 78, 144 and 252 in this group. I also extend my thanks to noble...

I am very happy to write to the noble Lord, but I do not believe that the existence of an ATRS-generated report in and of itself

confers more rights on anybody. Rather, it makes it easier for citizens to understand how their rights are being used, what rights they have,...

I am very happy to write to the noble Lord, but I do not believe that the existence of an ATRS-generated report in and of itself

confers more rights on anybody. Rather, it makes it easier for citizens to understand how their rights are being used, what rights they have,...

As I said, I will write. I do not believe that follows axiomatically from the ATRS’s existence.

On Amendment 144, the Government are sympathetic to the idea that the ICO should respond to new and emerging technologies, including the use of children’s data in the development of AI. I assure noble...

As I said, I will write. I do not believe that follows axiomatically from the ATRS’s existence.

On Amendment 144, the Government are sympathetic to the idea that the ICO should respond to new and emerging technologies, including the use of children’s data in the development of AI. I assure noble...