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The Earl of Dundee (Con)

Speaking in the House of Lords on 19 May 2025

Debate

Data (Use and Access) Bill [HL]

Contribution

My Lords, here is a very useful amendment proposed by the noble Baroness at this stage of the proceedings. For the creative industries, it offers certainty that a transparency regime will be in place within 18 months of Royal Assent. Within a timetable of their own choosing, it also leaves the Government free to provide new legislation on the wider issues of personal likeness and other connected matters. I will reiterate how this amendment, thereby already consistent with government policy, is also consistent with various articles and conventions of the human rights affiliation of the 46 member states of the Council of Europe, of which the United Kingdom remains a prominent member and of whose education committee I am a recent chairman. First, Article 8 of the European Convention on Human Rights protects the right to privacy, including of personal data. Article 1 of its initial protocol protects property rights, including intellectual property rights and copyright. Secondly, Article 5 of the Council of Europe Convention on Cybercrime prohibits system interference by, for example, the transmission of computer data, while its Article 10 stipulates: “Offences related to infringements of copyright and related rights”. Thirdly, Article 11 of the 2024 Council of Europe Framework Convention on Artificial Intelligence and Human Rights, Democracy and the Rule of Law safeguards privacy and personal data. As has been much emphasised, the noble Baroness’s amendment not least achieves consistency with our UK tradition of protecting copyright as well—notably evident as early as the Statute of Anne 1710 granting legal protection to publishers of books. Here and abroad, the United Kingdom must continue to assist that good practice. We are enormously grateful to the noble Baroness for this further proposed amendment. We must strongly support it.

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