Contribution
My Lords, the good news is that this is the last time I shall speak this evening. Amendment 211 seeks to ensure that the value of our publicly held large datasets is realised for the benefit of UK citizens.
Proposed new subsection (1) gives the Secretary of State the power to designate datasets held by public bodies, arm’s-length institutions or other sets held in the public interest as sovereign data assets.
Proposed new subsection (2) lists a number of requirements that the Secretary of State must have regard to when making a designation. Factors include the security and privacy of UK citizens, the ongoing value of the data assets, the rights of IP holders, the values, laws and international obligations of the UK, the requirement to give preferential access to UK-headquartered companies, organisations and the public sector, the requirement for data to be stored in the UK and the design of application programming interfaces facilitating access to the assets by authorised licence holders. It also sets out stakeholders whom the Secretary of State must consult when considering what datasets to designate as sovereign data assets. We heard in a previous debate that education data might be a good candidate.
Proposed new subsection (3) requires the setting up of a transparent licensing system. Proposed new subsection (4) requires those managing sovereign data assets to report annually on their value and anticipated return to UK subjects. This would include, for example, licence payments, profit share agreements and “in kind” returns, such as access to products or services built using sovereign data assets. Proposed new subsection (5) gives an oversight role to the National Audit Office, proposed new subsection (6) provides a definition, and proposed new subsections (7) and (8) specify that regulations made under the clause are subject to parliamentary approval.
When I raised this issue at Second Reading, the Minister answered positively, in that she felt that what I was suggesting was embodied in the plans for a national data library:
“The national data library will unlock the value of public data assets. It will provide simple, secure and ethical access to our key public data assets for researchers, policymakers and businesses, including those at the frontier of AI development, and make it easier to find, discover and make connections across those … databases. It will sit at the heart of an ambitious programme of reform that delivers the incentives, investment and leadership needed to secure the full benefits for people and the economy”.—[Official Report, 19/11/24; col. 196.]
That is a very valid and positive picture. My comments build on it, because since Second Reading, I have sought details about the national data library. It seems that plans are nascent and the level of funding, as I understand it, seems to match neither the ambition set out by the Minister nor what many experts think is necessary. One of my concerns—it will not surprise the Committee to hear, as it has come up a couple of times on previous groups—is that it appears to be a mechanism for facilitating access, rather than understanding, realising and protecting the value of these public data assets.
In the meantime, announcements of access to public data keep coming. We have worries about Palantir and the drip-feed of deals with OpenAI and Google, the latest of which was in the Health Services Journal, which said:
“The national Federated Data Platform will be used to train AI models for future use by the NHS, according to NHS England’s chief data and analytics officer”.
That sounds great, but the article went on to question the basis and the wrap-around. This is the question.
We in this House already understand the implications of an “adopt now, ask questions later”, approach. For example, as reported recently in Computer Weekly, Microsoft has now admitted to Scottish policing bodies that it cannot guarantee the sovereignty of UK policing data hosted on its hyperscale public cloud infrastructure. That is a huge problem for Police Scotland and one that is very likely to be mirrored across all sorts of government departments, in a technology that is central to so many departments. The proposed amendments offer a route to ask questions as you adopt technology, not after you have lost control.