Baroness Jones of Whitchurch (Lab)

Sorry—it is probably my choice of language. I am saying that it is already in the Bill; it is not intended to be separate. I was talking about whether solely automated decisions lack meaningful human involvement. This provision is already set out in the Bill; that is the whole purpose of it. On Amendment 111, I assure the noble Viscount, Lord Camrose, that controllers using solely automated processing are required to comply with the data protection principles. I know that he was anticipating this answer, but we believe that it captures the principles he proposes and achieves the same intended effect as his amendment. I agree with the noble Viscount that data protection is not the only lens through which AI should be regulated, and that we cannot address all AI risks through the data protection legislation, but the data protection principles are the right ones for solely automated decision-making, given its place in the data protection framework. I hope that that answers his concerns. On Amendment 112, which seeks to prohibit solely automated decisions that contravene the Equality Act 2010, I assure the noble Lords, Lord Clement-Jones and Lord Knight, that the data protection framework is clear that controllers must adhere to the Equality Act. Amendments 113 and 114 would extend solely automated decision-making safeguards to predominantly automated decision-making. I assure the noble and learned Lord Thomas, the noble Lord, Lord Clement-Jones, and the noble Baroness, Lady Kidron, that the safeguards in Clause 80 are designed to protect individuals where meaningful human involvement is lacking. Predominantly automated decision-making will already include meaningful human involvement and therefore does not require these additional safeguards. On Amendments 114A and 115A, tabled by the noble Viscount, Lord Camrose, many noble Lords have spoken in our debates about the importance of future-proofing the legislation. These powers are an example of that: without them, the Government will not have the ability to act quickly to update protections for individuals in the light of rapid technology developments. I assure noble Lords that the regulation powers are subject to a number of safeguards. The Secretary of State must consult the Information Commissioner and have regard to other relevant factors, which can include the impact on individuals’ rights and freedoms as well as the specific needs and rights of children. As with all regulations, the exercise of these powers must be rational; they cannot be used irrationally or arbitrarily. Furthermore, the regulations will be subject to the affirmative procedure and so must be approved by both Houses of Parliament. I assure the noble Lord, Lord Clement-Jones, that one of the powers means that his Amendment 123 is not necessary, as it can be used to describe specifically what is or is not meaningful human involvement. Amendment 115A, tabled by the noble Viscount, Lord Camrose, would remove the reforms to Parts 3 and 4 of the Data Protection Act, thereby putting them out of alignment with the UK GDPR. That would cause confusion and ambiguity for data subjects.