L

Lord Lucas (Con)

Speaking in the House of Lords on 28 January 2025

Debate

Data (Use and Access) Bill [HL]

Contribution

My Lords, I will also speak to Amendment 50A. I have sent the Government a reasonably lengthy explanation of what I am up to here, so I will restrict myself to a summary for the purposes of Report. To my mind, there is a necessary distinction between a service message and a regulatory communication. A service message is to do with an existing contract, and you do not want them full of marketing material, but regulatory communications often have to contain something that would be judged by the ICO as marketing material—they are required to. Under those circumstances, there should be a required balancing between harms: the harm of not complying with what the regulator would like and the harm of issuing a marketing communication without permission. This is never going to be simple. It is always going to be case-by-case, but we should recognise that there are times when regulators want to encourage people to take particular actions and want the service providers to be part of that. We should allow for that in the wording of the Bill. I beg to move.

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