Alex Sobel

Alex Sobel

Labour (Co-op) — Leeds Central and Headingley

Speaking in the House of Commons on 7 May 2025

Debate

Data (Use and Access) Bill [Lords]

Contribution

My new clause 14 would do that, so I hope the Government are taking note. This debate is not just about economic rights. Last week I learned about the holocaust survivor Renee Salt, whose book “A Mother’s Promise” was ripped by AI, with similarly named books appearing online days after the original was released. There can be no starker contrast than Renee sharing her most traumatic experiences for the benefit of others, and a computer algorithm stealing from a Holocaust survivor to profit from her suffering. We must stand up for the human creativity that helps us to process the world we live in, or the world will become a much darker place. I tabled amendment 10, which relates to safe data transfer, in order to confront a glaring weakness in our current data protection regime through the continued transfer of UK user data to jurisdictions that cannot and do not provide basic legal protections or enforceable rights. The need for the amendment is not theoretical. Under current rules, companies often rely on a set of contracts—international data transfer agreements—as proof that data transfers will be adequately protected. However, that assumption is increasingly proving to be false. The Irish Data Protection Commission fined TikTok €530 million after an in-depth inquiry into its transfers of European Economic Area user data to China. The Irish authorities found that TikTok had failed to adequately assess whether Chinese law provided a level of protection “essentially equivalent” to that guaranteed under GDPR— the General Data Protection Regulation. The ruling was possible because there are no credible legal remedies in China. Laws such as the national intelligence law, the cyber-security law and the anti-terrorism law compel organisations to provide access to data without judicial oversight or meaningful recourse for individuals. China is unable to provide a level of protection “essentially equivalent” to that guaranteed in the Data Protection Act 2018 and in this Bill. Contracts alone do not protect users when the legal system of the receiving country is incompatible with fundamental rights. This amendment introduces a clear rule: where there is no meaningful enforcement of data rights, no independent judiciary, no administrative remedy or no legal path to challenge unlawful access, such countries will be deemed unsafe for UK data transfers. The Bill must address this critical blind spot. Contracts alone cannot ensure user rights in jurisdictions that offer no legal safeguards. This amendment provides a principled, legally sound and urgently needed response to a real-world threat. I hope that the Minister, given his background, will take these issues seriously and meet me to look further at how we can close this loophole.

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