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| New Amendments handed in are marked thus  |
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| Amendments which will comply with the required notice period at their next appearance
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| Amendments tabled since the last publication: 230 to 232 |
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| Data Protection Bill [Lords]
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| | This document includes all amendments remaining before the Committee and |
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| | includes any withdrawn amendments at the end. The amendments have been |
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| | arranged in accordance with the Order of the Committee [13 March 2018].
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| Schedule 10, page 187, line 5, at end insert— |
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| | “Safeguarding of children and of individuals at risk |
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| | 3A (1) | This condition is met if— |
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| | (a) | the processing is necessary for the purposes of— |
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| | (i) | protecting an individual from neglect or physical, mental or |
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| | (ii) | protecting the physical, mental or emotional well-being of an |
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| | (ii) | aged 18 or over and at risk, |
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| | (c) | the processing is carried out without the consent of the data subject for |
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| | one of the reasons listed in sub-paragraph (2), and |
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| | (d) | the processing is necessary for reasons of substantial public interest. |
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| | (2) | The reasons mentioned in sub-paragraph (1)(c) are— |
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| | (a) | in the circumstances, consent to the processing cannot be given by the |
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| | (b) | in the circumstances, the controller cannot reasonably be expected to |
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| | obtain the consent of the data subject to the processing; |
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| | (c) | the processing must be carried out without the consent of the data |
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| | subject because obtaining the consent of the data subject would |
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| | prejudice the provision of the protection mentioned in sub-paragraph |
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| | (3) | For the purposes of this paragraph, an individual aged 18 or over is “at risk” if |
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| | the controller has reasonable cause to suspect that the individual— |
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| | (a) | has needs for care and support, |
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| | (b) | is experiencing, or at risk of, neglect or physical, mental or emotional |
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| | (c) | as a result of those needs is unable to protect himself or herself against |
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| | the neglect or harm or the risk of it. |
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| | (4) | In sub-paragraph (1)(a), the reference to the protection of an individual or of |
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| | the well-being of an individual includes both protection relating to a particular |
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| | individual and protection relating to a type of individual.” |
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| | Member’s explanatory statement
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| | Schedule 10 makes provision about the circumstances in which the processing of special |
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| | categories of personal data is permitted. This amendment adds to that Schedule certain processing |
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| | of personal data which is necessary for the protection of children or of adults at risk. See also |
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| Clause 94, page 55, line 8, leave out “day” and insert “time” |
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| | Member’s explanatory statement
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| | This amendment is consequential on Amendment 71. |
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| Clause 94, page 55, line 9, leave out “day” and insert “time” |
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| | Member’s explanatory statement
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| | This amendment is consequential on Amendment 71. |
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| Clause 94, page 55, line 10, leave out “days” |
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| | Member’s explanatory statement
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| | This amendment is consequential on Amendment 71. |
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| Clause 94, page 55, line 11, leave out “the day on which” and insert “when” |
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| | Member’s explanatory statement
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| | This amendment is consequential on Amendment 71. |
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| Clause 94, page 55, line 12, leave out “the day on which” and insert “when” |
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| | Member’s explanatory statement
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| | This amendment is consequential on Amendment 71. |
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| Clause 94, page 55, line 13, leave out “the day on which” and insert “when” |
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| | Member’s explanatory statement
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| | This amendment is consequential on Amendment 71. |
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| Clause 96, page 56, line 8, after “law” insert “unless the decision engages an |
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| individual’s rights under the Human Rights Act 1998”. |
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| Clause 97, page 56, line 34, leave out “21 days” and insert “1 month” |
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| | Member’s explanatory statement
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| | Clause 97(4) provides that where a controller notifies a data subject under Clause 97(3) that the |
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| | controller has taken a decision falling under Clause 97(1) (automated decisions required or |
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| | authorised by law), the data subject has 21 days to request the controller to reconsider or take a |
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| | new decision not based solely on automated processing. This amendment extends that period to |
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| Clause 97, page 56, line 39, leave out “21 days” and insert “1 month” |
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| | Member’s explanatory statement
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| | Clause 97(5) provides that where a data subject makes a request to a controller under Clause |
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| | 97(4) to reconsider or retake a decision based solely on automated processing, the controller has |
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| | 21 days to respond. This amendment extends that period to one month. |
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| Clause 99, page 57, line 28, leave out “day” and insert “time” |
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| | Member’s explanatory statement
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| | This amendment is consequential on Amendment 71. |
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| Clause 99, page 58, line 3, leave out “day” and insert “time” |
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| | Member’s explanatory statement
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| | This amendment is consequential on Amendment 71. |
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| Clause 99, page 58, line 5, leave out “the day on which” and insert “when” |
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| | Member’s explanatory statement
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| | This amendment is consequential on Amendment 71. |
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| Clause 99, page 58, line 6, leave out “the day on which” and insert “when” |
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| | Member’s explanatory statement
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| | This amendment is consequential on Amendment 71. |
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| Clause 109, page 61, line 13, after “is” insert “provided by law and is” |
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| | Member’s explanatory statement
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| | This amendment would place meaningful safeguards on the sharing of data by the intelligence |
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| Clause 109, page 61, line 18, at end insert— |
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| | “(3) | The transfer falls within this subsection if the transfer— |
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| | (a) | is based on an adequacy decision (see section 74), |
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| | (b) | if not based on an adequacy decision, is based on there being appropriate |
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| | safeguards (see section 75), or |
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| | (c) | if not based on an adequacy decision or on there being appropriate |
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| | safeguards, is based on special circumstances (see section 76 as amended |
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| | (4) | A transfer falls within this subsection if— |
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| | (a) | the intended recipient is a person based in a third country that has (in that |
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| | country) functions comparable to those of the controller or an |
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| | international organisation, and |
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| | (b) | the transfer meets the following conditions— |
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| | (i) | the transfer is strictly necessary in a specific case for the |
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| | performance of a task of the transferring controller as provided |
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| | by law or for the purposes set out in subsection (2), |
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| | (ii) | the transferring controller has determined that there are no |
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| | fundamental rights and freedoms of the data subject concerned |
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| | that override the public interest necessitating the transfer, |
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| | (iii) | the transferring controller informs the intended recipient of the |
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| | specific purpose or purposes for which the personal data may, so |
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| | far as necessary, be processed, and |
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| | (iv) | the transferring controller documents any transfer and informs |
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| | the Commissioner about the transfer on request. |
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| | (5) | The reference to law enforcement purposes in subsection (4) of section 76 is to be |
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| | read as a reference to the purposes set out in subsection (2).” |
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| Schedule 11, page 190, line 4, leave out “day falls before the day on which” and |
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| insert “time falls before” |
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| | Member’s explanatory statement
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| | This amendment is consequential on Amendment 71. |
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| Schedule 11, page 190, line 7, leave out “day” and insert “time” |
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| | Member’s explanatory statement
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| | This amendment is consequential on Amendment 71. |
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| Schedule 11, page 190, line 9, leave out “the date of” |
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| | Member’s explanatory statement
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| | This amendment is consequential on Amendment 71. |
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| Schedule 11, page 190, line 17, leave out “day” and insert “time” |
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| | Member’s explanatory statement
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| | This amendment is consequential on Amendment 71. |
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| Page 63, line 1, leave out Clause 113 |
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| | Member’s explanatory statement
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| | This amendment would remove delegated powers that would allow the Secretary of State to create |
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| | new exemptions to Part 4 of the Bill. |
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| Schedule 13, page 194, line 36, leave out from beginning to end of line 4 on page |
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| | Member’s explanatory statement
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| | This amendment is consequential on the omission of Clause 121 (see Amendment 47). |
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| Page 66, line 23, leave out Clause 121 |
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| Clause 124, page 68, line 24, leave out “with the day on which” and insert “when” |
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| | Member’s explanatory statement
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| | This amendment is consequential on Amendment 71. |
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| Clause 125, page 69, line 9, leave out “with the day on which” and insert “when” |
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| | Member’s explanatory statement
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| | This amendment is consequential on Amendment 71. |
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| Clause 142, page 77, line 34, at end insert— |
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| | “(3) | The Secretary of State must consult the Scottish Government and obtain its |
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| | consent before establishing an inquiry under subsection (1).” |
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| | Member’s explanatory statement
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| | This amendment would ensure that before any inquiry was established, the UK Government must |
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| | have consent from Scottish Government. |
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| Page 77, line 18, leave out Clause 142 |
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| Clause 143, page 77, line 37, after “notice”)” insert “— |
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| | Member’s explanatory statement
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| | See the explanatory statement for Amendment 52. |
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| Clause 143, page 77, line 40, at end insert “, or |
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| | (b) | require any person to provide the Commissioner with information that |
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| | the Commissioner reasonably requires for the purposes of determining |
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| | whether the processing of personal data is carried out by an individual in |
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| | the course of a purely personal or household activity.” |
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| | Member’s explanatory statement
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| | This amendment and Amendments 51 and 54 enable the Information Commissioner to obtain |
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| | information in order to work out whether processing is carried out in the course of purely personal |
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| | or household activities. Such processing is not subject to the GDPR or the applied GDPR (see |
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| | Article 2(2)(c) of the GDPR and Clause 21(3)). |
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| Clause 143, page 78, line 23, leave out “with the day on which” and insert “when” |
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| | Member’s explanatory statement
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| | This amendment is consequential on Amendment 71. |
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| Clause 143, page 78, line 30, at end insert— |
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| | “(10) | Section 3(14)(b) does not apply to the reference to the processing of personal data |
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| | Member’s explanatory statement
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| | This amendment secures that the reference to “processing” in the new paragraph (b) inserted by |
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| | Amendment 52 includes all types of processing of personal data. It disapplies Clause 3(14)(b), |
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| | which provides that references to processing in Parts 5 to 7 of the bill are usually to processing to |
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| | which Chapter 2 or 3 of Part 2, Part 3 or Part 4 applies. |
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| Clause 146, page 81, line 3, leave out “with the day on which” and insert “when” |
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| | Member’s explanatory statement
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| | This amendment is consequential on Amendment 71. |
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