Data Protection Bill [HL] — Report (2nd Day) — 13 Dec 2017 at 17:45
Moved by Lord Ashton of Hyde
32: Schedule 1, page 125, line 21, after “court” insert “or tribunal”
Moved by Lord Stevenson of Balmacara
33: Schedule 1, page 126, line 21, at end insert-“Safeguarding of children and vulnerable adults32A(1) This condition is met if the processing- (a) is necessary for the exercise of a safeguarding activity,(b) is carried out without the consent of the data subject so as not to prejudice the exercise of that activity, and(c) is carried out in compliance with any guidance issued under statute by a Minister of the Crown or a Scottish Minister or Welsh Minister as the case may be.(2) In this paragraph, “safeguarding activity” means an activity designed to-(a) protect children and vulnerable or protected adults from maltreatment,(b) prevent the impairment of children’s, or vulnerable or protected adults’, health or development,(c) ensure that children grow up in circumstances consistent with the provision of safe and effective care, or(d) enable children and vulnerable or protected adults to have the best outcomes. (3) This paragraph applies to a safeguarding activity carried out whether as part of a statutory function or otherwise by any holder of a public office, institution, authority, church or religious congregation, company, organisation, body, or association, whether or not having corporate status.(4) This paragraph does not apply to the activities of individuals acting in a private capacity.(5) In this paragraph-“child” means a person who has not attained the age of 18;“vulnerable adult” has the same meaning as in paragraph 7 of Schedule 4 to the Safeguarding Vulnerable Groups Act 2006;“protected adult” has the same meaning as in the Protection of Vulnerable Groups (Scotland) Act 2007.”
Moved by Lord Clement-Jones
34: Clause 13, page 7, line 20, at end insert “or a group sharing a protected characteristic, within the meaning of the Equality Act 2010, to which the data subject belongs”
Moved by Lord Stevenson of Balmacara
41A: After Clause 13, insert the following new Clause-“Use of private personal data accounts(1) Within the period of 12 months beginning with the day on which this Act is passed, the Commissioner must carry out a public consultation on the use of private personal data accounts by data subjects.(2) The consultation must include, but is not limited to-(a) how the rights accorded to data subjects under the GDPR and this Act, including the rights to rectification and to be forgotten, may be affected by having a private personal data account;(b) the conditions under which a data subject may make their personal data available to data controllers via a private personal data account; and(c) the remuneration arrangements which may arise between a data subject and a data controller through the use of a private personal data account.(3) In this section, “private personal data account” means a single account through which a data subject can store and share their personal data with data controllers.”
Moved by Baroness Hamwee
42: Schedule 2, page 129, line 18, leave out paragraph 4
Ayes 92, Noes 222.
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