UK Parliament / Open data

Data Protection and Digital Information (No. 2) Bill

My right hon. Friend makes an extremely important point. In some ways, we have already seen evidence of that at work: there was a much-talked-about case where Amazon was using an AI system to aid its recruitment for particular roles. The system noticed that men tended to be hired for that role and therefore largely discarded applications from women, because that was what the data had trained it to do. That was clear discrimination.

There are very big companies that have access to a very large amount of data across a series of different platforms. What sort of decisions or presumptions can they make about people based on that data? On insurance, for example, we would want safeguards in place, and I think that users would want to know that safeguards are in place. What does data analysis of the way in which someone plays a game such as Fortnite—where the company is taking data all the time to create new stimuli and prompts to encourage lengthy play and the spending of money on the game—tell us about someone’s attitude towards risk? Someone who is a risk taker might be a bad risk in the eyes of an insurance company. Someone who plays a video game such as Fortnite a lot and sees their insurance premiums affected as a consequence would think, I am sure, that that is a breach of their data rights and something to which they have not given any informed consent. But who has the right to check? It is very difficult for the user to see. That is why I think the system has to be based on the idea that the onus must rest on the companies to demonstrate that what they are doing is ethical and within the law and the established guidelines, and that it is not for individual users always to demonstrate that they have somehow suffered, go through the onerous process of proving how that has been done, and then seek redress at the end. There has to be more up-front responsibility as well.

Finally, competition is also relevant. We need to safeguard against the idea of a walled garden for data meaning that companies that already have massive amounts of data, such as Google, Amazon and Meta, can hang on to what they have, while other companies find it difficult to build up meaningful datasets and working sets. When I was Chairman of the then Digital, Culture, Media and Sport Committee, we considered the way in which Facebook, as it then was, kicked Vine—a short-form video sharing app—off its platform principally because it thought that that app was collecting too much Facebook user data and was a threat to the company. Facebook decided to deny that particular business access to the Facebook platform. [Interruption.] I see that the Under-Secretary of State for Science, Innovation and Technology, my hon. Friend the Member for Sutton and Cheam (Paul Scully), is nodding in an approving way. I hope that he is saying silently that that is exactly what the Bill will address to ensure that we do not allow companies with big strategic market status to abuse their market power to the detriment of competitive businesses.

7.11 pm

Type
Proceeding contribution
Reference
731 c84 
Session
2022-23
Chamber / Committee
House of Commons chamber
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