Clause 64 - Power to make provision in connection with business data

Data Protection and Digital Information (No. 2) Bill – in a Public Bill Committee at 2:45 pm on 18 May 2023.

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Question proposed, That the clause stand part of the Bill.

Photo of Philip Hollobone Philip Hollobone Conservative, Kettering

With this it will be convenient to consider clause 65 stand part.

Photo of John Whittingdale John Whittingdale The Minister of State, Department for Culture, Media and Sport, Minister of State (Department for Science, Innovation and Technology)

Clause 64 provides the principal regulation-making power for the creation of smart data schemes relating to business data. Regulations created through this clause allow for business data to be provided to the customer of a trader or a third-party recipient. Business data may also be published to be more widely available.

These regulations relating to business data will increase the transparency around the pricing of goods and services, which will increase competition and benefit both consumers and smaller businesses. To give just one example, the Competition and Markets Authority recently highlighted the potential of an open data scheme that compared the prices of fuel at roadside stations, increasing competition and better informing consumers. It is that kind of market intervention that the powers provide for.

Clause 65 outlines provisions that regulations relating to business data may contain. Those provisions are non-exhaustive. The clause largely mirrors clause 63, extending the same protections and benefits to schemes that make use of businesses data exclusively or in tandem with customer data. The clause differs from clause 63 in subsection (2), where an additional consideration is made as to who may make a request for business data. As action initiation relates only to an authorised person exercising a customer’s rights relating to their data, clause 65 does not include the references to that that are made in subsections (7) and (8) of clause 63.

Photo of Stephanie Peacock Stephanie Peacock Shadow Minister (Digital, Culture, Media and Sport)

The measures in these clauses largely mirror 62 and 63, but they refer to business data rather than customer data. I therefore refer back to my comments on clause 62 and 63 and the benefits that new regulations such as these might be able to provide. Those remarks provide context as to why I am pleased to support these measures, which will allow the making of regulations that require data holders to share business data with third parties.

However, I would like clarification from the Minister on one point. The explanatory notes explain that the powers will likely be used together with those in clauses 62 and 63, but it would be good to hear confirmation from the Minister on whether there may be circumstances in which the Department envisages using the powers regarding business data distinctly. If there are, will he share examples of those circumstances? It would be good for both industry and Members of this House to have insight into how these clauses, and the regulatory powers they provide, will actually be used.

Photo of John Whittingdale John Whittingdale The Minister of State, Department for Culture, Media and Sport, Minister of State (Department for Science, Innovation and Technology)

I think it is probably sensible if I come back to the hon. Lady on that point. I am sure we would be happy to provide examples if there are ones that we can identify.

Question put and agreed to.

Clause 64 accordingly ordered to stand part of the Bill.

Clause 65 ordered to stand part of the Bill.