Session 2010 - 11
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Other Bills before Parliament


 
 

55

 

House of Commons

 
 

Notices of Amendments

 

given on

 

Friday 1 April 2011

 

For other Amendment(s) see the following page(s):

 

Protection of Freedoms Bill Committee 33-43, 45-46 and 47-53

 

Public Bill Committee


 

Protection of Freedoms Bill

 

Privacy Commissioner

 

Mr Tom Watson

 

John Robertson

 

NC5

 

To move the following Clause:—

 

‘(1)    

The Secretary of State shall appoint a Commissioner to be known as the Privacy

 

Commissioner (referred to in this section as “the Commissioner”).

 

(2)    

It shall be the duty to the Commissioner to promote respect for individual privacy

 

and data protection.

 

(3)    

The Commissioner shall have all the duties and functions set out in—

 

(a)    

section 51 of the Data Protection Act 1998 (Data Protection

 

Commissioner),

 

(b)    

section 57 of the Regulation of Investigatory Powers Act 2000

 

(Interception of Communications Commissioner),

 

(c)    

section 91 of the Police Act 1997 and section 62 of the Regulation of

 

Investigatory Powers Act 2000 (Chief Surveillance Commissioner),

 

(d)    

section 20 of this Act (Commissioner for the Retention and Use of

 

Biometric Material), and

 

(e)    

section 34 of this Act (Surveillance Camera Commissioner).

 

(4)    

The Commissioner shall have all the powers which attach to the offices set out in

 

subsection (3).

 

(5)    

The Commissioner shall arrange for the dissemination in such form and manner

 

as he considers appropriate of such information as it may appear to him expedient

 

to give to the public about any matter within the scope of his functions under this

 

Act, and may give advice to any person as to any of those matters.

 

(6)    

Any reference in any enactment, instrument or other document to a person

 

carrying out the duties and functions set out in subsection (3) shall be construed,


 
 

Notices of Amendments: 1 April 2011                     

56

 

Protection of Freedoms Bill, continued

 
 

in relation to any time after the commencement of this section, as a reference to

 

the Commissioner.

 

(7)    

Any appointment made to any of the offices set out in subsection (3) is hereby

 

terminated.’.

 

Personal data

 

Mr Tom Watson

 

John Robertson

 

NC6

 

To move the following Clause:—

 

‘(1)    

In section 1(1) of the Data Protection Act 1998 (basic interpretative provisions),

 

for the definition of “personal data” substitute—

 

““personal data” has the same meaning as in the Data Protection Directive,

 

but shall not be taken to mean that the information must be biographical

 

in nature, compromise the privacy of the data subject or have the data

 

subject as its principal focus.”.’.

 

Mr Tom Watson

 

John Robertson

 

89

 

Clause  26,  page  17,  line  29,  at end insert—

 

‘(5A)    

The relevant authority must ensure that, at least once in every school year,

 

information is provided to each parent and child on their rights under this chapter,

 

in language capable of being readily understood by the parent and child.’.

 


 
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Revised 4 April 2011