Data Protection Bill [HL] — Report (3rd Day) — 10 Jan 2018 at 19:04

Moved by Lord Ashton of Hyde

130: Clause 142, page 79, line 2, at end insert “to comply with the data protection legislation”

131: Clause 142, page 79, line 3, leave out subsection (9)

Moved by Lord Ashton of Hyde

133: Clause 148, page 82, line 40, after “failures” insert “to comply with the data protection legislation”

134: Clause 148, page 82, line 41, leave out paragraph (b) and insert-“(b) provide for the maximum penalty that may be imposed in relation to such failures to be either the standard maximum amount or the higher maximum amount.”

135: Clause 148, page 82, line 42, leave out subsection (6)

136: Clause 148, page 82, line 48, at end insert-“( ) In this section, “higher maximum amount” and “standard maximum amount” have the same meaning as in section 150 .”

Moved by Lord Ashton of Hyde

138: Clause 152, page 84, line 40, leave out subsection (3)

Moved by Lord Ashton of Hyde

139: Clause 153, page 85, line 27, leave out “prepared” and insert “produced”

140: Clause 153, page 85, line 42, leave out “the guidance” and insert “guidance produced under this section”

141: Clause 153, page 85, line 44, leave out “publishing” and insert “producing”

142: Clause 153, page 86, line 1, at end insert-“(7A) Section (Approval of first guidance about regulatory action) applies in relation to the first guidance under subsection (1).”

143: Clause 153, page 86, line 2, after “for” insert “other”

Moved by Lord Ashton of Hyde

144: After Clause 153, insert the following new Clause-“Approval of first guidance about regulatory action(1) When the first guidance is produced under section 153(1)- (a) the Commissioner must submit the final version to the Secretary of State, and(b) the Secretary of State must lay the guidance before Parliament.(2) If, within the 40-day period, either House of Parliament resolves not to approve the guidance-(a) the Commissioner must not issue the guidance, and(b) the Commissioner must produce another version of the guidance (and this section applies to that version).(3) If, within the 40-day period, no such resolution is made-(a) the Commissioner must issue the guidance, and(b) the guidance comes into force at the end of the period of 21 days beginning with the day on which it is issued.(4) Nothing in subsection (2)(a) prevents another version of the guidance being laid before Parliament.(5) In this section, “the 40-day period” means-(a) if the guidance is laid before both Houses of Parliament on the same day, the period of 40 days beginning with that day, or(b) if the guidance is laid before the Houses of Parliament on different days, the period of 40 days beginning with the later of those days.(6) In calculating the 40-day period, no account is to be taken of any period during which Parliament is dissolved or prorogued or during which both Houses of Parliament are adjourned for more than 4 days.”

Moved by Lord Ashton of Hyde

145: Clause 159, page 89, line 15, leave out from “compensation” to end of line 16 and insert “for material or non-material damage), “non-material damage” includes distress”

Moved by Lord Ashton of Hyde

146: Clause 160, page 90, line 3, leave out from “loss” to end of line 4 and insert “and damage not involving financial loss, such as distress”

Moved by Earl Attlee

147: After Clause 160, insert the following new Clause-“Publishers of news-related material: damages and costs(1) This section applies where- (a) a relevant claim for breach of the data protection legislation is made against a person (“the defendant”),(b) the defendant was a relevant publisher at the material time, and(c) the claim is related to the publication of news-related material.(2) If the defendant was a member of an approved regulator at the time when the claim was commenced (or was unable to be a member at that time for reasons beyond the defendant’s control or it would have been unreasonable in the circumstances for the defendant to have been a member at that time), the court must not award costs against the defendant unless satisfied that-(a) the issues raised by the claim could not have been resolved by using an arbitration scheme of the approved regulator, or(b) it is just and equitable in all the circumstances of the case to award costs against the defendant.(3) If the defendant was not a member of an approved regulator at the time when the claim was commenced (but would have been able to be a member at that time and it would have been reasonable in the circumstances for the defendant to have been a member at that time), the court must award costs against the defendant unless satisfied that-(a) the issues raised by the claim could not have been resolved by using an arbitration scheme of the approved regulator (had the defendant been a member), or(b) it is just and equitable in all the circumstances of the case to make a different award of costs or make no award of costs.(5) This section is not to be read as limiting any power to make rules of court.(6) This section does not apply until such time as a body is first recognised as an approved regulator.”

Ayes 217, Noes 200.

Debate in Parliament |

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All Votes Cast - sorted by party

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The Bishop of ChesterBishopaye
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Lord Blencathra Con (front bench)aye
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Lord Aberdare Crossbench (front bench)no
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Lord Stoddart of SwindonIndependent Labourno
Baroness Tonge Independent Liberal Democrataye
Lord Maginnis of DrumglassIndependent Ulster Unionistno
Lord Brown of Eaton-under-HeywoodJudge (front bench)no
Lord Judge Judge (front bench)no
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Lord Alli Labaye
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Lord Clarke of HampsteadLabaye
Lord Clark of WindermereLabaye
Lord Collins of HighburyLab (minister)aye
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Lord Cunningham of FellingLab (minister)aye
Lord Davies of OldhamLab (minister)aye
Baroness Donaghy Lab (minister)aye
Lord Donoughue Labaye
Baroness Drake Lab (minister)aye
Lord Dubs Lab (minister)aye
Lord Elder Labaye
Lord Falconer of ThorotonLabaye
Lord Faulkner of WorcesterLab (minister)aye
Lord Foulkes of CumnockLab (minister)aye
Baroness Gale Lab (minister)aye
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Baroness Henig Lab (minister)aye
Baroness Hilton of EggardonLab (minister)aye
Lord Hollick Lab (minister)aye
Baroness Hollis of HeighamLab (minister)aye
Lord Howarth of NewportLab (minister)aye
Lord Hoyle Labaye
Lord Hughes of WoodsideLabaye
Lord Hunt of Kings HeathLab (minister)aye
Baroness Jay of PaddingtonLab (minister)aye
Lord Jones Lab (minister)aye
Baroness Jones of WhitchurchLab (minister)aye
Lord Jordan Labaye
Lord Judd Lab (minister)aye
Baroness Kennedy of CradleyLabaye
Lord Kennedy of SouthwarkLab (minister)aye
Baroness Kennedy of The ShawsLab (minister)aye
Baroness Kingsmill Lab (minister)aye
Lord Kinnock Labaye
Baroness Kinnock of HolyheadLabaye
Lord Knight of WeymouthLabaye
Baroness Lawrence of ClarendonLab (minister)aye
Lord Lea of CrondallLabaye
Baroness Liddell of CoatdykeLab (minister)aye
Lord Lipsey Lab (minister)aye
Baroness Lister of BurtersettLab (minister)aye
Lord Mandelson Labaye
Baroness Massey of DarwenLab (minister)aye
Lord Maxton Lab (minister)aye
Lord McAvoy Lab (minister)aye
Baroness McIntosh of HudnallLab (minister)aye
Lord McKenzie of LutonLab (minister)aye
Lord Mendelsohn Lab (minister)aye
Lord Mitchell Labaye
Lord Moonie Labaye
Lord Morris of HandsworthLab (minister)aye
Baroness Morris of YardleyLab (minister)aye
Lord Murphy of TorfaenLabaye
Lord O'Neill of ClackmannanLab (minister)aye
Lord Ponsonby of ShulbredeLabaye
Lord Prescott Labaye
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Lord Puttnam Lab (minister)aye
Lord Radice Labaye
Baroness Ramsay of CartvaleLabaye
Lord Rea Labaye
Lord Reid of CardowanLab (minister)aye
Lord Richard Labaye
Lord Rooker Lab (minister)aye
Lord Rosser Lab (minister)aye
Lord Sawyer Labaye
Baroness Sherlock Lab (minister)aye
Viscount Simon Lab (minister)aye
Baroness Smith of BasildonLab (minister)aye
Lord Snape Labaye
Lord Soley Lab (minister)aye
Lord Stevenson of BalmacaraLab (minister)aye
Lord Stone of BlackheathLabaye
Baroness Taylor of BoltonLab (minister)aye
Baroness Thornton Lab (minister)aye
Lord Touhig Labaye
Lord Triesman Lab (minister)aye
Lord Tunnicliffe Lab (minister)tellaye
Baroness Warwick of UndercliffeLab (minister)aye
Lord Watson of InvergowrieLab (minister)aye
Lord Watts Lab (minister)aye
Lord West of SpitheadLabaye
Baroness Wheeler Lab (minister)aye
Baroness Whitaker Lab (minister)aye
Lord Whitty Lab (minister)aye
Lord Winston Labaye
Lord Wood of AnfieldLab (minister)aye
Lord Addington LDem (front bench)aye
Lord Ashdown of Norton-sub-HamdonLDemaye
Baroness Bakewell of Hardington MandevilleLDem (front bench)aye
Baroness Barker LDem (front bench)aye
Lord Beith LDem (front bench)aye
Baroness Benjamin LDem (front bench)aye
Baroness Bowles of BerkhamstedLDem (front bench)aye
Lord Bradshaw LDemaye
Baroness Brinton LDem (front bench)aye
Baroness Burt of SolihullLDemaye
Lord Chidgey LDemaye
Lord Clement-Jones LDem (front bench)aye
Lord Cotter LDemaye
Baroness Doocey LDem (front bench)aye
Baroness Featherstone LDem (front bench)aye
Lord Foster of BathLDemaye
Lord Fox LDem (front bench)aye
Baroness Garden of FrognalLDem (front bench)aye
Lord German LDem (front bench)aye
The Earl of GlasgowLDem (front bench)aye
Lord Goddard of StockportLDem (front bench)aye
Lord Greaves LDemaye
Baroness Grender LDem (front bench)aye
Baroness Hamwee LDem (front bench)aye
Baroness Harris of RichmondLDem (front bench)aye
Baroness Humphreys LDem (front bench)aye
Lord Hussain LDemaye
Baroness Hussein-Ece LDem (front bench)aye
Baroness Janke LDem (front bench)aye
Baroness Jolly LDem (front bench)aye
Lord Jones of CheltenhamLDemaye
Lord Kirkwood of KirkhopeLDem (front bench)aye
Baroness Kramer LDem (front bench)aye
Lord Lee of TraffordLDemaye
Baroness Ludford LDem (front bench)aye
Baroness Maddock LDem (front bench)aye
Lord McNally LDemaye
Baroness Miller of Chilthorne DomerLDemaye
Lord Newby LDem (front bench)aye
Baroness Northover LDem (front bench)aye
Lord Paddick LDem (front bench)aye
Lord Palmer of Childs HillLDem (front bench)aye
Baroness Pinnock LDem (front bench)aye
Lord Purvis of TweedLDem (front bench)aye
Baroness Randerson LDem (front bench)aye
Lord Redesdale LDemaye
Lord Rennard LDem (front bench)aye
Lord Roberts of LlandudnoLDemaye
Baroness Scott of Needham MarketLDem (front bench)aye
Lord Scriven LDem (front bench)aye
Lord Sharkey LDem (front bench)aye
Baroness Sheehan LDem (front bench)aye
Lord Shipley LDemaye
Lord Shutt of GreetlandLDem (front bench)aye
Baroness Smith of NewnhamLDem (front bench)aye
Lord Steel of AikwoodLDemaye
Lord Stephen LDemaye
Lord Stoneham of DroxfordLDem (front bench)aye
Lord Storey LDem (front bench)aye
Lord Strasburger LDemaye
Lord Stunell LDemaye
Baroness Suttie LDem (front bench)aye
Lord Taverne LDemaye
Lord Teverson LDem (front bench)aye
Lord Thomas of GresfordLDem (front bench)aye
Baroness Thornhill LDemaye
Viscount Thurso LDemaye
Lord Tope LDemaye
Lord Tyler LDem (front bench)aye
Baroness Tyler of EnfieldLDemaye
Lord Wallace of SaltaireLDem (front bench)aye
Lord Wallace of TankernessLDemaye
Baroness Walmsley LDem (front bench)aye
Lord Willis of KnaresboroughLDemaye
Lord Lester of Herne HillLDem (front bench)no
Baroness Nicholson of WinterbourneLDemno
Lord Mackenzie of FramwellgateNon-affiliatedaye
Lord Truscott Non-affiliatedaye
Baroness Uddin Non-affiliatedaye
Lord Kalms Non-affiliatedno
Lord Taylor of WarwickNon-affiliatedno
Lord Empey UUPno
Lord Rogan UUP (front bench)no

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