Online Safety Bill — Report (5th Day) — Amendment 258ZA — 19 Jul 2023 at 19:00
Moved by Lord Allan of Hallam
258ZA: After Clause 114, insert the following new Clause-“Review by the Information Commissioner of notices under Section 111(1)(1) Where a provider believes that a notice it has been given under section 111(1) will have a material impact on the private communications of its users, it may request a review by the Information Commissioner.(2) The review must consider the compatibility of the notice with-(a) the Human Rights Act 1998,(b) the Data Protection Act 2018,(c) the Privacy and Electronic Communications (EC Directive) Regulations 2003, and(d) any other legislation the Information Commissioner considers relevant.(3) In carrying out the review, the Information Commissioner must consult-(a) OFCOM,(b) the provider,(c) UK users of the provider’s service, and (d) such other persons as the Information Commissioner considers appropriate.(4) Following a review under subsection (1) the Information Commissioner must publish a report including-(a) their determination of the compatibility of the notice with relevant legislation,(b) their reasons for making such a determination, and(c) their advice to OFCOM in respect of the drafting and implementation of the notice.”Member’s explanatory statementThis amendment would give providers a right to request an assessment by the ICO of the compatibility of a section 111 order with UK privacy legislation.
Ayes 70, Noes 178.
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