Viscount Camrose (Con)

My Lords, I rise to speak to Amendments 26, 31 and 32 tabled in my name and that of my noble friend Lord Markham. I will address the amendments in reverse order. Amendment 32 would ensure that, where a significant decision is taken by ADM, the data subject was able to request intervention by a human with sufficient competency and authority. While that is clearly the existing intent of the ADM provisions in the Bill, this amendment brings further clarity. I am concerned that, where data processors update their ADM procedures in the light of this Bill, it should be abundantly clear to them at every stage what the requirements are and that, as currently written, there may be a risk of misunderstanding. Given the significance of decisions that may be made by ADM, we should make sure this does not happen. Data subjects must have recourse to a person who both understands their problem and is able to do something about it. I look forward to hearing the Minister’s views on this. Amendment 31 would require the Secretary of State to provide guidance on how consent should be obtained for ADM involving special category data. It would also ensure that this guidance was readily available and reviewed frequently. The amendment would provide guidance for data controllers who wish to use ADM, helping them to set clear processes for obtaining consent, thus avoiding complaints and potential litigation. We all know that litigation can be slow, disruptive and sometimes prohibitively expensive. If we want to encourage the use of ADM so that customers and businesses can save both time and money, we should seek to ensure that the sector does not become a hotbed of litigation. The risk can be mitigated by providing ample guidance for the sector. For relatively minimal effort on the part of the Secretary of State, we may be able to facilitate substantial growth in the use and benefits of ADM. I would be most curious to hear the Minister’s opinions on this matter and, indeed, the opinions of noble Lords more broadly. Amendment 26 would insert the five principles set out in the AI White Paper published by the previous Government, requiring all data controllers and processors who partake in AI-driven ADM to have due regard for them. In the event that noble Lords are not familiar with these principles, they are: safety, security and robustness; appropriate transparency and explainability; fairness; accountability and governance; and contestability and redress. These principles for safe AI are based on those originally developed with the OECD and have been the subject of extensive consultation. They have been refined and very positively received by developers, public sector organisations, private sector organisations and civil society. They offer real, and popular, safeguards against the risks of AI while continuing to foster innovation.