Data Protection Bill [HL] — Commons Amendments — 14 May 2018 at 18:15
Moved by Lord Ashton of Hyde
1: Clause 3, page 2, line 25, leave out “personal data” and insert “information”
2: Clause 3, page 2, line 26, leave out “personal data, or on sets of personal data” and insert “information, or on sets of information”
3: Clause 3, page 2, line 41, after “83” insert “and see also subsection (14)(c)”
4: Clause 3, page 3, line 27, at end insert -“(aa) references to Chapter 2 of Part 2, or to a provision of that Chapter, include that Chapter or that provision as applied by Chapter 3 of Part 2;”
5: Clause 3, page 3, line 28, leave out “processing and personal data are to processing and personal data” and insert “personal data, and the processing of personal data, are to personal data and processing”
6: Clause 3, page 3, line 29, at end insert -“(c) references to a controller or processor are to a controller or processor in relation to the processing of personal data to which Chapter 2 or 3 of Part 2, Part 3 or Part 4 applies.”
7: Clause 7, page 5, line 8, leave out “a body specified” and insert “body specified or described”
8: Clause 7, page 5, line 9, after “(2)” insert “, (2A)”
9: Clause 7, page 5, line 11, after “body”” insert “for the purposes of the GDPR”
10: Clause 7, page 5, line 12, at end insert-“(2A) The references in subsection (1)(a) and (b) to public authorities and Scottish public authorities as defined by the Freedom of Information Act 2000 and the Freedom of Information (Scotland) Act 2002 (asp 13) do not include any of the following that fall within those definitions-(a) a parish council in England;(b) a community council in Wales;(c) a community council in Scotland; (d) a parish meeting constituted under section 13 of the Local Government Act 1972;(e) a community meeting constituted under section 27 of that Act; (f) charter trustees constituted-(i) under section 246 of that Act,(ii) under Part 1 of the Local Government and Public Involvement in Health Act 2007, or(iii) by the Charter Trustees Regulations 1996 (S.I. 1996/263).”
11: Clause 7, page 5, line 13, after “specified” insert “or described”
12: Clause 8, page 5, line 29, at end insert-“( ) an activity that supports or promotes democratic engagement.”
13: Clause 14, page 8, line 4, leave out “21 days” and insert “1 month”
14: Clause 14, page 8, leave out line 10 and insert “within the period described in Article 12(3) of the GDPR-”
15: Clause 14, page 8, line 16, at end insert-“(5A) In connection with this section, a controller has the powers and obligations under Article 12 of the GDPR (transparency, procedure for extending time for acting on request, fees, manifestly unfounded or excessive requests etc) that apply in connection with Article 22 of the GDPR.”
16: Clause 15, page 8, line 31, after “21” insert “and 34”
17: Clause 15, page 8, line 34, after “21” insert “and 34”
18: Clause 17, page 10, line 16, leave out “authority” and insert “body”
19: Clause 19, page 12, line 2, leave out “(d)” and insert “(e)”
20: Clause 21, page 12, line 24, leave out “to which Part 3 (law enforcement processing) or” and insert “by a competent authority for any of the law enforcement purposes (as defined in Part 3) or processing to which”
21: Clause 25, age 15, line 40, leave out “individual” and insert “data subject”
22: Clause 30, page 19, line 4, after “specified” insert “or described”
23: Clause 30, page 19, line 10, leave out from “add” to end of line and insert “or remove a person or description of person”
24: Clause 41, page 23, line 33, leave out “an individual” and insert “a data subject”
25: Clause 42, page 24, line 29, leave out “with the day” and insert “when”
26: Clause 47, page 28, line 20, leave out second “data”
27: Clause 50, page 30, line 11, leave out “21 days” and insert “1 month”
28: Clause 50, page 30, line 17, leave out “21 days” and insert “1 month”
Moved by Lord Ashton of Hyde
29: Clause 51, page 31, line 2, leave out from first “the” to end of line 3 and insert “restriction imposed by the controller was lawful;”
Moved by Lord Ashton of Hyde
30: Clause 51, page 31, line 11, leave out from first “the” to end of line 12 and insert “restriction imposed by the controller was lawful;”
31: Clause 53, page 31, line 39, leave out “or 47” and insert “, 47 or 50”
32: Clause 53, page 32, line 4, leave out “or 47” and insert “, 47 or 50”
33: Clause 54, page 32, line 14, leave out “day” and insert “time”
34: Clause 54, page 32, line 15, leave out “day” and insert “time”
35: Clause 54, page 32, line 15, leave out “days”
36: Clause 54, page 32, line 16, leave out “the day on which” and insert “when”
37: Clause 54, page 32, line 17, leave out “the day on which” and insert “when”
38: Clause 54, page 32, line 19, leave out “the day on which” and insert “when”
39: Clause 94, page 55, line 8, leave out “day” and insert “time”
40: Clause 94, page 55, line 9, leave out “day” and insert “time”
41: Clause 94, page 55, line 10, leave out “days”
42: Clause 94, page 55, line 11, leave out “the day on which” and insert “when”
43: Clause 94, page 55, line 12, leave out “the day on which” and insert “when”
44: Clause 94, page 55, line 13, leave out “the day on which” and insert “when”
45: Clause 97, page 56, line 34, leave out “21 days” and insert “1 month”
46: Clause 97, page 56, line 39, leave out “21 days” and insert “1 month”
47: Clause 99, page 57, line 28, leave out “day” and insert “time”
48: Clause 99, page 58, line 3, leave out “day” and insert “time”
49: Clause 99, page 58, line 5, leave out “the day on which” and insert “when”
50: Clause 99, page 58, line 6, leave out “the day on which” and insert “when”
Moved by Lord Ashton of Hyde
51: Clause 119, page 65, line 29, at end insert-“( ) Paragraphs (b) and (c) of section 3(14) do not apply to references in this section to personal data, the processing of personal data, a controller or a processor.”
52: Clause 120, page 66, line 21, at end insert-“( ) Section 3(14)(b) does not apply to references to personal data and the processing of personal data in this section.”
Moved by Lord Ashton of Hyde
53: Clause 121, leave out Clause 121
Moved by Lord Mitchell
53B: After Clause 120, insert the following new Clause-“Personal data of national significance(1) Within a year of the passing of this Act, the Secretary of State must bring forward regulations made by statutory instrument which-(a) require the ICO to maintain a register of publicly controlled personal data of national significance; (b) require the NAO to prepare a code of practice for data controllers which contains practical guidance on how to obtain best value in relation to the commercial exploitation of personal data of national significance;(c) require the NAO to report annually to Parliament on the commercial exploitation of publicly controlled personal data of national significance.(2) A statutory instrument containing regulations under subsection (1) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.(3) For the purposes of subsection (1), personal data controlled by public bodies is data of national significance if, in the opinion of the Commissioner-(a) the data furthers collective economic, social or environmental well- being,(b) the data has the potential to further collective economic, social or environmental well-being in future, and(c) financial benefit may be derived from processing the data or the development of associated software.”
Moved by Lord Ashton of Hyde
54: Clause 124, page 68, line 24, leave out “with the day on which” and insert “when”
Moved by Lord Keen of Elie
55: After Clause 124, insert the following new Clause-“Data protection and journalism code(1) The Commissioner must prepare a code of practice which contains-(a) practical guidance in relation to the processing of personal data for the purposes of journalism in accordance with the requirements of the data protection legislation, and(b) such other guidance as the Commissioner considers appropriate to promote good practice in the processing of personal data for the purposes of journalism.(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 such of the following as the Commissioner considers appropriate-(a) trade associations; (b) data subjects;(c) persons who appear to the Commissioner to represent the interests of data subjects.(4) A code under this section may include transitional provision or savings. (5) In this section-“good practice in the processing of personal data for the purposes of journalism” means such practice in the processing of personal data for those purposes as appears to the Commissioner to be desirable having regard to-(a) the interests of data subjects and others, including compliance with the requirements of the data protection legislation, and(b) the special importance of the public interest in the freedom of expression and information;“trade association” includes a body representing controllers or processors.”
Moved by Lord Ashton of Hyde
56: Clause 125, page 69, line 2, leave out “or 124” and insert “, 124 or (Data protection and journalism code)”
57: Clause 125, page 69, line 9, leave out “with the day on which” and insert “when”
58: Clause 125, page 69, line 14, leave out “or 124” and insert “, 124 or (Data protection and journalism code)”
59: Clause 125, page 69, line 21, leave out “or 124” and insert “, 124 or (Data protection and journalism code)”
60: Clause 125, page 69, line 33, leave out “and 124” and insert “, 124 and (Data protection and journalism code)”
61: Clause 126, page 70, line 3, leave out “or 124(2)” and insert “, 124(2) or (Data protection and journalism code)(2)”
Moved by Lord Ashton of Hyde
62: Clause 142, leave out Clause 142
Moved by Baroness Hollins
62B: After Clause 141, insert the following new Clause-“Data protection breaches by national news publishers(1) The Secretary of State must, within the period of three months beginning with 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 national news publishers and other media organisations.(2) Before setting the terms of reference of and other arrangements for the inquiry the Secretary of State must-(a) consult the Scottish Ministers with a view to ensuring, in particular, that the inquiry will consider the separate legal context and other circumstances of Scotland;(b) consult Northern Ireland Ministers and members of the Northern Ireland Assembly with a view to ensuring, in particular, that the inquiry will consider the separate legal context and other circumstances of Northern Ireland;(c) consult persons appearing to the Secretary of State to represent the interests of victims of data protection breaches committed by, on behalf of or in relation to, national news publishers and other media organisations; and(d) consult persons appearing to the Secretary of State to represent the interests of national news publishers and other media organisations (having regard in particular to organisations representing journalists).(3) The terms of reference for the inquiry must include requirements-(a) to inquire into the extent of unlawful or improper conduct by or on behalf of national news publishers and other media organisations in respect of personal data;(b) to inquire into the extent of corporate governance and management failures and the role, if any, of politicians, public servants and others in relation to failures to investigate wrongdoing at media organisations within the scope of the inquiry;(c) to review the protections and provisions around media coverage of individuals subject to police inquiries, including the policy and practice of naming suspects of crime prior to any relevant charge or conviction;(d) to investigate the dissemination of information and news, including false news stories, by social media organisations using personal data;(e) to consider the adequacy of the current regulatory arrangements and the resources, powers and approach of the Information Commissioner and any other relevant authorities in relation to-(i) the news publishing industry (except in relation to entities regulated by Ofcom) across all platforms and in the light of experience since 2012;(ii) social media companies;(f) to make such recommendations as appear to the inquiry to be appropriate for the purpose of ensuring that the privacy rights of individuals are balanced with the right to freedom of expression, while supporting the integrity and freedom of the press, and its independence (including independence from Government), and encouraging the highest ethical and professional standards.(4) In setting the terms of reference for the inquiry the Secretary of State must-(a) have regard to the current context of the news, publishing and general media industry;(b) set appropriate parameters for determining which allegations are to be considered;(c) determine the meaning and scope of references to “national news publishers” and “other media organisations” for the purposes of the inquiry under this section; and (d) include exemptions or limitations designed to exclude local and regional publishers from the scope of the inquiry.(5) Before complying with subsection (4) the Secretary of State must consult the judge or other person whom they intend to invite to chair the inquiry.(6) The inquiry-(a) may, so far as it considers appropriate, consider evidence given to previous public inquiries;(b) may, so far as it considers appropriate, take account of the findings of and evidence given to previous public inquiries (and the inquiry must consider using this power for the purpose of avoiding the waste of public resources); and(c) must, in particular, consider to what extent previous public inquiries have investigated, and made findings in relation to, events in connection with Northern Ireland within the inquiry‘s terms of reference, and must take such further evidence and make such further recommendations in respect of those matters as the inquiry considers appropriate.
Ayes 252, Noes 213.
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