Privacy group blasts AI free-for-all in Data Bill 'rehash'

Privacy campaigners have waded into the debate over the Government’s new Data (Use & Access) Bill, claiming it will not only undermine individuals’ data rights, but also fail to protect the public from harmful uses of artificial intelligence.

As details begin to emerge from the 262-page, 90,000-word document, most of the provisions in the previous Government’s Data Protection & Digital Information Bill have been kept, including bigger fines for rogue telemarketers, relaxing the online cookies law and a potential relaxation of “legitimate interests”, other areas have proved more controversial.

Even so, the shake-up of the Information Commissioner’s Office – a particular bone of contention – is still on the cards but Government snooping powers have been ditched.

However, the Open Rights Group maintains the new Bill is simply a “rehash” of the DPDI proposals that failed to make it through the Parliamentary process before the July general election – and just as damaging.

Legal and policy officer Mariano delli Santi said: “Strong data protection laws are an essential line of defence against harmful AI and automated decision making (ADM) systems which can be used to make life-changing decisions.

“The Data Use & Access Bill weakens our rights and gives companies and organisations more powers to use automated decisions. This is of particular concern in areas of policing, welfare and immigration where life-changing decisions could be made without human review.”

The organisation points out that currently, governments and corporations cannot use automated systems to make decisions that have a legal or significant effect on our lives. However, it maintains that the new Bill removes this right unless the processing involves special category data, such as health data or political beliefs.

It argues that, under the new regime, there will be a free-for-all, enabling organisations to use automated systems to make life-changing decisions – such as firing workers, calculating wages, deciding on visa and benefits applications – adding that it also gives the Secretary of State the right to exempt automated decision-making tools from data protection safeguards, regardless of the risk they pose to the public.

The Open Rights Group also insists it will be easier for organisations to share data, meaning that data collected for one reason can be shared with public authorities and private companies who may use it for something different such as immigration control, predictive policing or safeguarding. For example, data collected by GPs could be shared with the police or Home Office.

The organisation added: “Individuals’ data rights will be undermined by new loopholes which will allow companies and organisations to extend the time limit for responding to individuals’ requests (such as access to data or erasure) by asking for further information.

“The Bill will also allow data grabs of our personal information under the guise of ‘research’, allowing personal data to be used for commercial purposes instead.”

The Open Rights Group also takes issue with the reform of the ICO. It states: “The Government will remain fully in charge of selecting members of the new ICO according to their own discretion and to determine their salaries. This allows the Government to interfere with the independence of the regulator, which already faces criticism for its failure to stand up for the public against government and corporate pressure.

“There are no measures for Parliament to approve appointments, or for individials to challenge the ICO in court, leaving it very hard for individuals to challenge substantive ICO decisions, even at Judicial Review.”

Delli Santi concluded: “The Government says this Bill will generate billions for the economy but at what cost to the privacy, security and dignity of the British public?”