Session 2016-17
Internet Publications
Other Bills before Parliament


 
 

Notices of Amendments: 23 November 2016                  

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Digital Economy Bill, continued

 
 

(8)    

In section 55A (Power of Commissioner to impose monetary penalty)—

 

(a)    

after subsection (1) insert—

 

“(1A)    

The Commissioner may also serve a data controller with

 

a monetary penalty notice if the Commissioner is

 

satisfied that there has been a serious contravention of

 

section 24A, 24B or 24C by the data controller.”;

 

(b)    

in subsection (3A) after “subsection (1)” insert “or (1A)”;

 

(c)    

in subsection (4) omit “determined by the Commissioner and”;

 

(d)    

in subsection (5)—

 

(i)    

after “The amount” insert “specified in a monetary

 

penalty notice served under subsection (1) shall be”;

 

(ii)    

after “Commissioner” insert “and”;

 

(e)    

after subsection (5) insert—

 

“(5A)    

The amount specified in a monetary penalty notice

 

served under subsection (1A) shall be £1,000.

 

(5B)    

The Secretary of State may by regulations amend

 

subsection (5A) to change the amount specified therein.”

 

(9)    

In section 55B (Monetary penalty notices: procedural rights)—

 

(a)    

in subsection (3)(a) omit “and”;

 

(b)    

after subsection (3)(a) insert—

 

“(aa)    

specify the provision of this Act of which the

 

Commissioner is satisfied there has been a serious

 

contravention, and”;

 

(c)    

after subsection (3) insert—

 

“(3A)    

A data controller may discharge liability for a monetary

 

penalty in respect of a contravention of section 24A, 24B

 

or 24C if he pays to the Commissioner the amount of

 

£800 before the time within which the data controller

 

may make representations to the Commissioner has

 

expired.

 

(3B)    

A notice of intent served in respect of a contravention of

 

section 24A, 24B or 24C must include a statement

 

informing the data controller of the opportunity to

 

discharge liability for the monetary penalty.

 

(3C)    

The Secretary of State may by regulations amend

 

subsection (3A) to change the amount specified therein,

 

save that the amount specified in subsection (3A) must

 

be less than the amount specified in section 55A(5A).”;

 

(d)    

in subsection (5) after “served” insert “under section 55A(1)”;

 

(e)    

after subsection (5) insert—

 

“(5A)    

A person on whom a monetary penalty notice is served

 

under section 55A(1A) may appeal to the Tribunal

 

against the issue of the monetary penalty notice.”

 

(10)    

In section 55C(2)(b) (Guidance about monetary penalty notices) at the

 

end insert “specified in a monetary penalty notice served under section

 

55A(1)”.

 

(11)    

In section 67 (Orders, regulations and rules)—

 

(a)    

in subsection (4)—

 

(i)    

after “order” insert “or regulations”;


 
 

Notices of Amendments: 23 November 2016                  

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Digital Economy Bill, continued

 
 

(ii)    

after “section 22(1),” insert “section 24A(4)(c) or (d),

 

24B(6)(b) or (c),”;

 

(b)    

in subsection (5)—

 

(i)    

after subsection (c) insert “(ca) regulations under section

 

24A(4)(a) or (b) or section 24B(6)(a),”;

 

(ii)    

for “(ca) regulations under section 55A(5) or (7) or

 

55B(3)(b),” substitute “(cb) regulations under section

 

55A(5), (5B) or (7) or 55B(3)(b) or (3C),”.

 

(12)    

In section 71 (Index of defined expressions) after

 

“personal data

section 1(1)”

 
 

    

insert—

 

“personal data breach

section 24A(1)”

 
 

(13)    

In paragraph 1 of Schedule 9—

 

(a)    

after paragraph 1(1)(a) insert—

 

“(aa)    

that a data controller has contravened or is contravening

 

any provision of section 24A, 24B or 24C, or”;

 

(b)    

in paragraph 1(1B) after “principles” insert “or section 24A, 24B

 

or 24C”;

 

(c)    

in paragraph (3)(d)(ii) after “principles” insert “or section 24A,

 

24B or 24C”;

 

(d)    

in paragraph (3)(f) after “principles” insert “or section 24A, 24B

 

or 24C.””

 

Member’s explanatory statement

 

This new clause seeks to create a general obligation on data controllers to notify the Information

 

Commissioner and data subjects in the event of a breach of personal data security. The proposed

 

obligation is similar to that imposed on electronic communication service providers by the Privacy

 

and Electronic Communications (EC Directive) Regulations 2003.

 


 

Louise Haigh

 

Kevin Brennan

 

Dr Rosena Allin-Khan

 

NC6

 

To move the following Clause—

 

         

“Code of practice: accessibility to on-demand audiovisual services for people

 

with disabilities affecting hearing and/or sight

 

(1)    

It shall be the duty of Ofcom to draw up, and from time to time to review and

 

revise, a code giving guidance as to—

 

(a)    

the extent to which on-demand audiovisual services should promote the

 

understanding and enjoyment by—

 

(i)    

persons who are deaf or hard of hearing,

 

(ii)    

persons who are blind or partially-sighted, and


 
 

Notices of Amendments: 23 November 2016                  

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Digital Economy Bill, continued

 
 

(iii)    

persons with a dual sensory impairment,

 

    

of the programmes to be included in such services; and

 

(b)    

the means by which such understanding and enjoyment should be

 

promoted.

 

(2)    

The code must include provision for securing that every provider of a service to

 

which this section applies ensures that adequate information about the assistance

 

for disabled people that is provided in relation to that service is made available to

 

those who are likely to want to make use of it.

 

(3)    

In complying with subsection (1) Ofcom must conduct a public consultation to

 

inform Ofcom’s determination of the elements of the code.

 

(4)    

In complying with subsection (1), Ofcom must have regard, in particular, to—

 

(a)    

the extent of the benefit which would be conferred by the provision of

 

assistance for disabled people in relation to the programmes;

 

(b)    

the size of the intended audience for the programmes;

 

(c)    

the number of persons who would be likely to benefit from the assistance

 

and the extent of the likely benefit in each case;

 

(d)    

the extent to which members of the intended audience for the

 

programmes are resident in places outside the United Kingdom;

 

(e)    

the technical difficulty of providing the assistance; and

 

(f)    

the cost, in the context of the matters mentioned in paragraphs (a) to (e),

 

of providing the assistance.

 

(5)    

The code must set out the descriptions of programmes that Ofcom considers

 

should be excluded programmes for the purposes of the requirement contained in

 

that subsection or paragraph.

 

(6)    

The code shall make provisions about the meeting of obligations established,

 

including by allocating relevant responsibilities between—

 

(a)    

broadcasters;

 

(b)    

platform operators; and

 

(c)    

any other provider or purveyor of programmes or programme services.

 

(7)    

For the purpose of subsection (1) a service is an on-demand audiovisual

 

programme if it falls within the definition given in section 368A (Meaning of “on-

 

demand programme service”) of the Communications Act 2003 (as inserted by

 

the Audiovisual Media Service Regulations 2009).”

 


 

Louise Haigh

 

Kevin Brennan

 

Dr Rosena Allin-Khan

 

Drew Hendry

 

Calum Kerr

 

NC7

 

To move the following Clause—

 

         

“Bill limits for all mobile phone contracts

 

(1)    

A telecommunications service provider supplying a contract relating to a hand-

 

held mobile telephone must, at the time of entering into such a contract, allow the

 

end-user the opportunity to place a financial cap on the monthly bill under that

 

contract.

 

(2)    

A telecommunications service provider under subsection (1) must not begin to

 

supply a contracted service to an end-user unless the end-user has either—


 
 

Notices of Amendments: 23 November 2016                  

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Digital Economy Bill, continued

 
 

(a)    

requested the monthly cap be put in place and agreed the amount of that

 

cap, or

 

(b)    

decided, on a durable medium, not to put a monthly cap in place.

 

(3)    

The end-user should bear no cost for the supply of any service above the cap if

 

the provider has—

 

(a)    

failed to impose a cap agreed under subsection (2)(a);

 

(b)    

introduce, or amend, a cap following the end-user’s instructions under

 

subsection (2)(b); or

 

(c)    

removed the cap without the end-user’s instructions or has removed it

 

without obtaining the consumer’s express consent on a durable medium

 

under subsection (2).”

 


 

Louise Haigh

 

Kevin Brennan

 

Andrew Rosindell

 

Liz Saville Roberts

 

Jonathan Edwards

 

Hywel Williams

Sir Edward Leigh

Lady Hermon

Caroline Lucas

Sir Peter Bottomley

Greg Mulholland

Calum Kerr

Mr Alistair Carmichael

Dr Rosena Allin-Khan

Mark Durkan

Anne McLoughlin

Ian Blackford

Alan Brown

Stuart C. McDonald

Martyn Day

Margaret Ferrier

Drew Hendry

 

NC8

 

To move the following Clause—

 

         

“Responsibility for policy and funding of TV licence fee concessions

 

After section 365(5) of the Communications Act 2003 insert—

 

“(5A)    

It shall be the responsibility of the Secretary of State to—

 

(a)    

specify the conditions under which concessions are entitled, and

 

(b)    

provide the BBC with necessary funding to cover the cost of

 

concessions,

 

    

and this responsibility shall not be delegated to any other body.”

 

Member’s explanatory statement

 

This new clause seeks to enshrine in statute that it should be the responsibility of the Government

 

to set the entitlement for any concessions and to cover the cost of such concession. This new clause

 

will ensure the entitlement and cost of over-75s TV licences remain with the Government. It would

 

need to be agreed with Clause 76 not standing part of the Bill.

 



 
 

Notices of Amendments: 23 November 2016                  

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Digital Economy Bill, continued

 
 

Louise Haigh

 

Kevin Brennan

 

Dr Rosena Allin-Khan

 

NC10

 

To move the following Clause—

 

         

“Internet pornography: requirement to teach age requirement and risks as

 

part of sex education

 

After section 403(1A)(b) of the Education Act 1996, add—

 

“(c)    

they learn about the risks and dangers of internet pornography, and the

 

legal age requirement to access internet pornography under Part 3 of the

 

Digital Economy Act 2017.””

 

Member’s explanatory statement

 

This new clause would mean that the Secretary of State would have to include in guidance to

 

maintained schools that pupils learn as part of sex education the risks and dangers of internet

 

pornography and the legal age requirement to access it, as provided for under Part 3.

 


 

Louise Haigh

 

Kevin Brennan

 

Dr Rosena Allin-Khan

 

Drew Hendry

 

Calum Kerr

 

NC11

 

To move the following Clause—

 

         

“Public register of information disclosures

 

(1)    

No disclosure of information by a public authority under Part 5 shall be lawful

 

unless detailed by an entry in a public register.

 

(2)    

Any entry made in a public register under subsection (1) shall be disclosed to

 

another person only for the purposes set out in this Part.

 

(3)    

Each entry in the register must contain, or include information on—

 

(a)    

the uniform resource locator of the entry,

 

(b)    

the purpose of the disclosure,

 

(c)    

the specific information to be disclosed,

 

(d)    

the data controllers and data processors involved in the sharing of the

 

information,

 

(e)    

any exchange of letters between the data controllers on the disclosure,

 

(f)    

any other information deemed relevant.

 

(4)    

In this section, “uniform resource locator” means a standardised naming

 

convention for entries made in a public register.”

 



 
 

Notices of Amendments: 23 November 2016                  

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Digital Economy Bill, continued

 
 

Louise Haigh

 

Kevin Brennan

 

Dr Rosena Allin-Khan

 

Drew Hendry

 

Calum Kerr

 

NC12

 

To move the following Clause—

 

         

“Review of the collection and use of data by government and commercial

 

bodies

 

(1)    

Within six months of this Act coming into force, the Secretary of State shall

 

commission an independent review of the collection and use of data by

 

government and commercial bodies and shall lay the report of the review before

 

each House of Parliament.

 

(2)    

The review under subsection (1) shall consider—

 

(a)    

the increasing use of big data analytics and the privacy risks associated

 

with big data;

 

(b)    

the adequacy of current rules and regulations on data ownership;

 

(c)    

the collection and use of administrative data; and

 

(d)    

any other matters the Secretary of State considers appropriate.

 

(3)    

In conducting the review, the designated independent reviewer must consult—

 

(a)    

specialists in big data, data ownership and administrative data,

 

(b)    

those who campaign for citizens’ rights in relation to privacy, personal

 

information and data protection,

 

(c)    

any other persons and organisations the reviewer considers appropriate.

 

(4)    

In this section “big data analytics” means the process of examining large datasets

 

to uncover hidden patterns, unknown correlations, market trends, customer

 

preferences and other useful business information.”

 


 

Liz Saville Roberts

 

Jonathan Edwards

 

Hywel Williams

 

Louise Haigh

 

Kevin Brennan

 

Dr Rosena Allin-Khan

Drew Hendry

Calum Kerr

 

NC13

 

To move the following Clause—

 

         

“Code of practice for commercial social media platform providers on online

 

abuse

 

(1)    

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

 

commercial social media platform providers in dealing with online abuse.

 

(2)    

The code of practice must include guidance on—

 

(a)    

how a commercial social media platform providers shall respond to cases

 

of a person being victim of online abuse on its internet site;


 
 

Notices of Amendments: 23 November 2016                  

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Digital Economy Bill, continued

 
 

(b)    

quality service standards expected of the commercial social media

 

platform providers 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.

 

(3)    

A commercial social media platform providers 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 social media platform providers” means a person who

 

operates an internet site on a commercial basis on which people can interact.”

 


 

Liz Saville Roberts

 

Jonathan Edwards

 

Hywel Williams

 

NC14

 

To move the following Clause—

 

         

“Impact assessment of macro not-spot roaming

 

(1)    

Within three months of this Act coming into force, the Secretary of State must

 

commission an impact assessment of enabling a system of macro not-spot

 

roaming in the UK, and shall lay the report of the impact assessment before each

 

House of Parliament.

 

(2)    

In this section “macro not-spot roaming” means the ability for hand-held mobile

 

telephone users based in relatively large areas of non or partial broadband

 

coverage to access coverage from networks other than their own.”

 

Member’s explanatory statement

 

This new clause calls for an impact assessment of macro not-spot roaming in the UK, in line with

 

the recommendations of the British Infrastructure Group report on mobile coverage.

 



 
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Revised 23 November 2016