My Lords, I will also speak to Motions B and D. This first group is concerned with amendments relating to sex and gender in digital verification services, the data dictionary and scientific research. In relation to digital verification services and the data dictionary, I am grateful to the noble Viscount, Lord Camrose, for his continued engagement on the issue of sex data. Although we are not dealing with amendments in lieu today, I will take this opportunity to address some misunderstandings that I fear sit behind the concerns of noble Lords which were raised in previous debates.

This Bill does not create one digital identity app or system that lists attributes such as gender that those wanting to verify information about someone are required to accept. Instead, it creates a legislative structure of standards, governance and oversight for digital verification services. It is possible to create a reusable digital identity. However, when an organisation chooses to use a DVS, it will enter into a contract with that provider; that contract will specify which attributes the organisation needs to verify and how the DVS will do it. Reusable digital identities can therefore be reused only when an organisation accepts in writing that they meet its needs. If a reusable digital identity verified gender, it could not be used to verify biological sex in cases where that was needed instead.

Where a public authority is using a DVS, it remains the case that a contract will have to be entered into. This will again set out what types of information the DVS will be able to make checks against and for what purpose. This will ensure it is explicitly clear what information is being verified when a DVS relies on public authority data released through the information gateway. I hope this reassures noble Lords that gender data could not and would not be used to verify biological sex. Similarly, individuals would not be able to reuse a digital ID verifying gender to verify biological sex.

It is for these reasons that I have laid the Motions to agree with the elected House, which removed Lords Amendments 32B, 32C, 52B and 52C. I am grateful to the Opposition for accepting the assurances offered and not tabling a Motion to insist on the previous amendments.

In response to last week’s debate, I would like to respond to concerns raised by a few noble Lords around public data when sex and gender data appear in the same field. Existing legislation already requires those processing personal data to ensure that the data they process is accurate for the purpose for which it is being used. This means that personal data processed as part of a digital verification check must be appropriate for the specific requirements of that check.

The contracts I have mentioned are a way to ensure compliance with this principle. Any personal data passed through the information gateway to DVS providers is a new instance of data processing, and therefore the data accuracy principle is reapplied. That principle requires that the personal data must not be misleading, which is of particular relevance given that public authorities will be sharing data for verification purposes. As Minister Bryant set out in the other place, if the Government identify an instance where a public authority is sharing gender data in a way that is misleading as to the fact that it cannot be used to verify biological sex, they will of course respond appropriately. In light of these reassurances and noting the clearly expressed view of the other place on these issues, I hope noble Lords will agree with Motion A.

On scientific research and Amendment 43B, I am grateful to the noble Viscount, Lord Colville, for the time he has afforded the Government on this issue and for our productive meeting last week. I hope to reassure him and other noble Lords that there are, as we have argued throughout, sufficient protections against the potential misuse of the term “scientific research”. It is not the effect of the provisions to provide blanket approval of the reuse of personal data for AI training under the banner of scientific research.

The policy intention behind the clauses is not to enable the reuse of personal data for AI training unless it is for genuine scientific research, which is set out in the criteria in the ICO guidance. As part of its Bill implementation work, the ICO will prepare revised guidance around processing for research purposes. I expect this will cover information on compliance for data protection principles, including the fairness and purpose limitation principles. This will include the reasonable expectations of data subjects for AI model training when it constitutes genuine scientific research.

As with the previous topic, I have tabled Motion B to agree with the Commons on this issue. I am grateful to the noble Viscount for not tabling an amendment in lieu. On this basis, I hope noble Lords will also agree with Motion B and secure the continued success of the UK’s scientific research sector. I beg to move.