Session 2016-17
Internet Publications
Other Bills before Parliament


 
 

1

 

House of Commons

 
 

Notices of Amendments

 

given up to and including

 

Wednesday 16 November 2016

 

New Amendments handed in are marked thus Parliamentary Star

 

Parliamentary Star - whiteAmendments which will comply with the required notice period at their next appearance

 

Amendments tabled since the last publication: NC9

 

Consideration of Bill (Report Stage)


 

Digital Economy Bill, As Amended


 

Note

 

This document includes all amendments tabled to date and includes any

 

withdrawn amendments at the end. The amendments have been arranged in the

 

order in which they relate to the Bill.

 


 

New Clauses

 

Claire Perry

 

Mr David Burrowes

 

Fiona Bruce

 

Derek Thomas

 

Jeremy Lefroy

 

Caroline Ansell

Heidi Allen

Andrew Selous

Mr Iain Duncan Smith

Mrs Maria Miller

Fiona Mactaggart

Mark Durkan

Sir Jeffrey M. Donaldson

Calum Kerr

Sammy Wilson

Mr Philip Hollobone

Sir Gerald Howarth

Tom Elliott

Danny Kinahan

Jim Shannon

Gavin Robinson

 

NC1

 

To move the following Clause—


 
 

Notices of Amendments: 16 November 2016                  

2

 

Digital Economy Bill, continued

 
 

         

“Power to require the blocking of access to pornographic material by internet

 

service providers

 

(1)    

Where the age-verification regulator determines that a person has made

 

pornographic material available on a commercial basis on the internet to persons

 

in the United Kingdom—

 

(a)    

in contravention of section 15(1), and

 

(b)    

the person has been the subject of a financial penalty or enforcement

 

notice under section 20 and the contravention has not ceased,

 

    

the age-verification regulator may issue a notice to internet service providers

 

requiring them to prevent access to the pornographic material that is provided by

 

the non-complying person.

 

(2)    

A notice under subsection (1) must—

 

(a)    

identify the non-complying person in such manner as the age verification

 

regulator considers appropriate;

 

(b)    

provide such further particulars as the age-verification regulator

 

considers appropriate.

 

(3)    

When the age-verification regulator gives notice under this section, it must

 

inform the non-complying person, by notice, that it has done so.

 

(4)    

An internet service provider who fails to comply with a requirement imposed by

 

subsection (1) commits an offence, subject to subsection (5).

 

(5)    

No offence is committed under subsection (4) if the internet service provider took

 

all reasonable steps and exercised all due diligence to ensure that the requirement

 

would be complied with.

 

(6)    

An internet service provider guilty of an offence under subsection (4) is liable, on

 

summary conviction, to a fine.

 

(7)    

In this section “internet service provider” has the same meaning as in section

 

124N of the Communications Act 2003 (interpretation).”

 

Member’s explanatory statement

 

This new clause gives a power to the age-verification regulator to require internet service

 

providers to block pornography websites that do not offer age-verification.

 


 

Liz Saville Roberts

 

Jonathan Edwards

 

Hywel Williams

 

Louise Haigh

 

Kevin Brennan

 

NC2

 

To move the following Clause—

 

         

“Code of practice for commercial internet providers on online abuse

 

(1)    

The relevant Minister must issue a code of practice about the responsibilities of

 

commercial internet providers in dealing with online abuse.

 

(2)    

The code of practice must include guidance on—

 

(a)    

how a commercial internet provider shall respond to cases of a person

 

being victim of online abuse on its internet site;

 

(b)    

quality service standards expected of the commercial internet provider in

 

determining, assessing, and responding to cases of online abuse; and

 

(c)    

the setting and enforcement of privacy settings of persons aged 17 or

 

under, where deemed appropriate.


 
 

Notices of Amendments: 16 November 2016                  

3

 

Digital Economy Bill, continued

 
 

(3)    

A commercial internet provider must comply with the code of practice.

 

(4)    

The relevant Minister may from time to time revise and re-issue the code of

 

practice.

 

(5)    

As soon as is reasonably practicable after issuing or reissuing the code of practice

 

the relevant Minister must lay, or arrange for the laying of, a copy of it before—

 

(a)    

Parliament,

 

(b)    

the Scottish Parliament,

 

(c)    

the National Assembly for Wales, and

 

(d)    

 the Northern Ireland Assembly.

 

(6)    

In this section “commercial internet provider” means a person who operates an

 

internet site on a commercial basis.”

 


 

Liz Saville Roberts

 

Jonathan Edwards

 

Hywel Williams

 

NC3

 

To move the following Clause—

 

         

“Safety responsibilities of social media sites

 

(1)    

This section applies to a person who operates an internet site for commercial

 

purposes which requires a user to create a personal account to fully access the

 

internet site.

 

(2)    

A person under subsection (1) must—

 

(a)    

undertake and publish an online safety impact assessment in respect of

 

their account holders,

 

(b)    

inform the police if they become aware of any threat on its internet site

 

to physically harm an individual,

 

(c)    

remove any posts made on its internet site that are deemed to be violent

 

or that could incite violence.”

 


 

Louise Haigh

 

Kevin Brennan

 

NC5

 

To move the following Clause—

 

         

“Personal data breaches

 

(1)    

The Data Protection Act 1998 is amended as follows.

 

(2)    

After section 24 insert—

 

“24A  

Personal data breaches: notification to the Commissioner

 

(1)    

In this section, section 24B and section 24C “personal data breach”

 

means unauthorised or unlawful processing of personal data or accidental

 

loss or destruction of, or damage to, personal data.


 
 

Notices of Amendments: 16 November 2016                  

4

 

Digital Economy Bill, continued

 
 

(2)    

Subject to subsections (3), (4)(c) and (4)(d), if a personal data breach

 

occurs, the data controller in respect of the personal data concerned in

 

that breach shall, without undue delay, notify the breach to the

 

Commissioner.

 

(3)    

The notification referred to in subsection (2) is not required to the extent

 

that the personal data concerned in the personal data breach are exempt

 

from the seventh data protection principle.

 

(4)    

The Secretary of State may by regulations—

 

(a)    

prescribe matters which a notification under subsection (2) must

 

contain;

 

(b)    

prescribe the period within which, following detection of a

 

personal data breach, a notification under subsection (2) must be

 

given;

 

(c)    

provide that subsection (2) shall not apply to certain data

 

controllers;

 

(d)    

provide that subsection (2) shall not apply to personal data

 

breaches of a particular description or descriptions.

 

24B    

Personal data breaches: notification to the data subject

 

(1)    

Subject to subsections (2), (3), (4), (6)(b) and (6)(c), if a personal data

 

breach is likely to adversely affect the personal data or privacy of a data

 

subject, the data controller in respect of the personal data concerned in

 

that breach shall also, without undue delay, notify the breach to the data

 

subject concerned, insofar as it is reasonably practicable to do so.

 

(2)    

The notification referred to in subsection (1) is not required to the extent

 

that the personal data concerned in the personal data breach are exempt

 

from the seventh data protection principle.

 

(3)    

The notification referred to in subsection (1) is not required to the extent

 

that the personal data concerned in the personal data breach are exempt

 

from section 7(1).

 

(4)    

The notification referred to in subsection (1) is not required if the data

 

controller has demonstrated, to the satisfaction of the Commissioner—

 

(a)    

that the data controller has implemented appropriate measures

 

which render the data unintelligible to any person who is not

 

authorised to access it; and

 

(b)    

that those measures were applied to the data concerned in that

 

personal data breach.

 

(5)    

If the data controller has not notified the data subject in compliance with

 

subsection (1), the Commissioner may, having considered the likely

 

adverse effects of the personal data breach, require the data controller to

 

do so.

 

(6)    

The Secretary of State may by regulations—

 

(a)    

prescribe matters which a notification under subsection (1) must

 

contain;

 

(b)    

provide that subsection (1) shall not apply to certain data

 

controllers;

 

(c)    

provide that subsection (1) shall not apply to personal data

 

breaches of a particular description or descriptions.


 
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Revised 16 November 2016