Data Protection Bill [HL] — Report (3rd Day) — 10 Jan 2018 at 18:45
Moved by Lord Mitchell
108: Before Clause 119, insert the following new Clause-“Code on personal data of national significanceThe Commissioner must prepare a code of practice which contains-(a) best practice guidance in relation to information sharing agreements between publicly funded data controllers and third parties;(b) guidance in relation to the calculation of value for money where publicly funded data controllers enter into information sharing agreements with third parties;(c) guidance about securing financial benefits from the sharing of such personal data with third parties for the purposes of processing or developing associated software, and(d) such other guidance as the Commissioner considers appropriate to promote best practice in the sharing and processing of personal data of national significance.”
Moved by Baroness Kidron
109: After Clause 120, insert the following new Clause-“Age-appropriate design code(1) The Commissioner must prepare a code of practice which contains such guidance as the Commissioner considers appropriate on standards of age-appropriate design of relevant information society services which are likely to be accessed by children.(2) Where a code under this section is in force, the Commissioner may prepare amendments of the code or a replacement code.(3) Before preparing a code or amendments under this section, the Commissioner must consult the Secretary of State and such other persons as the Commissioner considers appropriate, including-(a) children,(b) parents,(c) persons who appear to the Commissioner to represent the interests of children,(d) child development experts, and(e) trade associations.(4) In preparing a code or amendments under this section, the Commissioner must have regard-(a) to the fact that children have different needs at different ages, and(b) to the United Kingdom’s obligations under the United Nations Convention on the Rights of the Child.(5) A code under this section may include transitional provision or savings.(6) Any transitional provision included in the first code under this section must cease to have effect before the end of the period of 12 months beginning with the day on which the code comes into force.(7) In this section-“age-appropriate design” means the design of services so that they are appropriate for use by, and meet the development needs of, children; “information society services” has the same meaning as in the GDPR, but does not include preventive or counselling services;“relevant information society services” means information society services which involve the processing of personal data to which the GDPR applies;“standards of age-appropriate design of relevant information society services” means such standards of age-appropriate design of such services as appear to the Commissioner to be desirable having regard to the best interests of children;“trade association” includes a body representing controllers or processors;“the United Nations Convention on the Rights of the Child” means the Convention on the Rights of the Child adopted by the General Assembly of the United Nations on 20 November 1989 (including any Protocols to that Convention which are in force in relation to the United Kingdom), subject to any reservations, objections or interpretative declarations by the United Kingdom for the time being in force.”
Moved by Lord Ashton of Hyde
110: Clause 121, page 66, line 13, leave out “or 120” and insert “, 120 or (Age-appropriate design code)”
111: Clause 121, page 66, line 16, at end insert-“(1A) In relation to the first code under section (Age-appropriate design code)-(a) the Commissioner must prepare the code as soon as reasonably practicable and must submit it to the Secretary of State before the end of the period of 18 months beginning with the day on which this Act is passed, and(b) the Secretary of State must lay it before Parliament as soon as reasonably practicable.”
112: Clause 121, page 66, line 18, leave out first “the code” and insert “a code prepared under section 119, 120 or (Age-appropriate design code)”
113: Clause 121, page 66, line 23, leave out “or 120” and insert “, 120 or (Age-appropriate design code)”
114: Clause 121, page 66, line 35, leave out “subsection (4)” and insert “subsections (1A) and (4)”
115: Clause 121, page 66, line 36, leave out “and 120” and insert “, 120 and (Age-appropriate design code)”
Moved by Lord Ashton of Hyde
116: Clause 122, page 67, line 5, leave out “or 120(2)” and insert “, 120(2) or (Age-appropriate design code)(2)”
Moved by Baroness Williams of Trafford
118: After Clause 125, insert the following new Clause-“Records of national security certificatesRecords of national security certificates(1) A Minister of the Crown who issues a certificate under section 25, 77 or 109 must send a copy of the certificate to the Commissioner.(2) If the Commissioner receives a copy of a certificate under subsection (1), the Commissioner must publish a record of the certificate.(3) The record must contain-(a) the name of the Minister who issued the certificate,(b) the date on which the certificate was issued, and(c) subject to subsection (4), the text of the certificate.(4) The Commissioner must not publish the text, or a part of the text, of the certificate if-(a) the Minister determines that publishing the text or that part of the text-(i) would be against the interests of national security,(ii) would be contrary to the public interest, or(iii) might jeopardise the safety of any person, and(b) the Minister has notified the Commissioner of that determination.(5) The Commissioner must keep the record of the certificate available to the public while the certificate is in force.(6) If a Minister of the Crown revokes a certificate issued under section 25, 77 or 109, the Minister must notify the Commissioner.”
Tabled by Lord Paddick
118A: After Clause 125, in subsection (4), after “if” insert “and for so long as”
Moved by Lord Ashton of Hyde
119: Clause 126, page 68, leave out lines 26 to 35 and insert-“(2) But this section does not authorise the making of a disclosure which is prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016. (3) Until the repeal of Part 1 of the Regulation of Investigatory Powers Act 2000 by paragraphs 45 and 54 of Schedule 10 to the Investigatory Powers Act 2016 is fully in force, subsection (2) has effect as if it included a reference to that Part.”
Moved by Lord Ashton of Hyde
120: Clause 127, page 69, line 1, leave out from “Commissioner” to end of line 3 and insert “in the course of, or for the purposes of, the discharging of the Commissioner’s functions”
121: Clause 127, page 69, line 13, leave out “provided” and insert “obtained or provided as described in subsection (1)(a)”
122: Clause 127, page 69, line 14, leave out from “manner)” to end of line 16
123: Clause 127, page 69, line 18, leave out from “of” to end of line 19 and insert “one or more of the Commissioner’s functions”
124: Clause 127, page 69, line 28, leave out subsection (4)
Moved by Lord Ashton of Hyde
126: Clause 133, page 72, line 12, leave out from “appropriate” to end of line 13
Moved by Baroness Hollins
127A: Before Clause 137, insert the following new Clause-“Inquiry into issues arising from data protection breaches committed by or on behalf of news publishers(1) The Secretary of State must, within the period of three months beginning on the day on which this Act is passed, establish an inquiry under the Inquiries Act 2005 into allegations of data protection breaches committed by, or on behalf of, news publishers.(2) The inquiry’s terms of reference must include, but are not limited to,- (a) to inquire, in respect of personal data processing, into the extent of unlawful or improper conduct within news publishers and, as appropriate, other organisations within the media, and by those responsible for holding personal data;(b) to inquire, in respect of personal data processing, into the extent of corporate governance and management failures at news publishers;(c) in the light of these inquiries, to consider the implications for personal data protection in relation to freedom of speech; and(d) to make recommendations on what action, if any, should be taken in the public interest.”
Ayes 238, Noes 209.
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