Baroness Kidron (CB)

My Lords, Amendment 44 in my name and those of the noble Lords, Lord Russell and Lord Clement-Jones, and the noble Baroness, Lady Harding, proposes a statutory code of practice on children’s education to ensure that children benefit from heightened protections when their data is processed for the purposes of relating to education. My understanding is that, when the Minister stands up, he will tell us that the Secretary of State is going to write to the ICO and require him to either write such a code or, if it is more practical, extend the AADC to cover educational settings. The either/or is because Government say the ICO is undertaking a consultation on edtech and DSIT is doing a consultation on AI, both of which have ramifications for children’s data at school. Rather than make the argument for the amendment as written, I shall put on record for the department and the ICO the expectations of such a code. I hope that the Minister concurs with this list and that he will ensure that the ICO works with me and expert colleagues in the field to look at and respond to the evidence and ensure that the code addresses our concerns. The code must apply to education provided in school settings but also outside the classroom—for example, when children use edtech products to complete homework set by school or for independent learning. The code must consider all aspects of the provision of education, including safeguarding and administration, as well as learning. The code should take as a starting point that children merit heightened protections and consider the needs of children at different ages and stages. The code should provide specific guidance on profiling, including predictions that may impact on children’s educational opportunities or outcomes. The code should require the ICO or the DfE to work with third parties to develop certification and accreditation schemes to support educators and parents in choosing products and services that are safe and private and improve learning outcomes. Lastly, in drawing up the code, the ICO must consult with children, parents, educators, devolved Governments and industry. I also want to put on record that “school” means an entity that provides education to children in the UK. Importantly, that includes early-years providers, nursery schools, primary schools and so on, because often early years are left out of this equation.