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| Data Protection Bill [Lords]
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| [Fifth and Sixth Sittings]
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| This document shows the fate of each clause, schedule, amendment and new clause. |
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| The following terms are used: |
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| Agreed to: agreed without a vote. |
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| Agreed to on division: agreed following a vote. |
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| Negatived: rejected without a vote. |
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| Negatived on division: rejected following a vote. |
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| Not called: debated in a group of amendments, but not put to a decision. |
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| Not moved: not debated or put to a decision. |
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| Question proposed: debate underway but not concluded. |
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| Withdrawn after debate: moved and debated but then withdrawn, so not put to a decision. |
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| Not selected: not chosen for debate by the Chair. |
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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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| | Schedule, as amended, Agreed to. |
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| | Clauses 87 to 93 Agreed to. |
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| Clause 94, page 55, line 8, leave out “day” and insert “time” |
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| Clause 94, page 55, line 9, leave out “day” and insert “time” |
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| Clause 94, page 55, line 10, leave out “days” |
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| Clause 94, page 55, line 11, leave out “the day on which” and insert “when” |
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| Clause 94, page 55, line 12, leave out “the day on which” and insert “when” |
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| Clause 94, page 55, line 13, leave out “the day on which” and insert “when” |
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| | Clause, as amended, Agreed to. |
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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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| Clause 97, page 56, line 39, leave out “21 days” and insert “1 month” |
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| | Clause, as amended, Agreed to. |
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| Clause 99, page 57, line 28, leave out “day” and insert “time” |
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| Clause 99, page 58, line 3, leave out “day” and insert “time” |
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| Clause 99, page 58, line 5, leave out “the day on which” and insert “when” |
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| Clause 99, page 58, line 6, leave out “the day on which” and insert “when” |
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| | Clause, as amended, Agreed to. |
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| | Clauses 100 to 108 Agreed to. |
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| | Negatived on division 159 |
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| Clause 109, page 61, line 13, after “is” insert “provided by law and is” |
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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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| | Clauses 110 to 112 Agreed to. |
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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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| Schedule 11, page 190, line 7, leave out “day” and insert “time” |
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| Schedule 11, page 190, line 9, leave out “the date of” |
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| Schedule 11, page 190, line 17, leave out “day” and insert “time” |
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| | Schedule, as amended, Agreed to. |
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| Page 63, line 1, leave out Clause 113 |
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| | Clause 115 and 116 Agreed to. |
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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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| | Schedule, as amended, Agreed to. |
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| | Clauses 117 and 118 Agreed to. |
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| | Clauses 119 and 120 Agreed to. |
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| Page 66, line 23, leave out Clause 121 |
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| | Clause Negatived on division. |
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| | Clauses 122 and 123 Agreed to. |
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| Clause 124, page 68, line 24, leave out “with the day on which” and insert “when” |
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| | Clause, as amended, Agreed to. |
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| Clause 125, page 69, line 9, leave out “with the day on which” and insert “when” |
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| | Clause, as amended, Agreed to. |
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| | Clauses 126 to 141 Agreed to. |
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| | Negatived on division 137 |
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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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| Page 77, line 18, leave out Clause 142 |
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| | Clause Negatived on division. |
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| Clause 143, page 77, line 37, after “notice”)” insert “— |
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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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| Clause 143, page 78, line 23, leave out “with the day on which” and insert “when” |
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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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| | Clause, as amended, Agreed to. |
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| | Clauses 144 and 145 Agreed to. |
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| Clause 146, page 81, line 3, leave out “with the day on which” and insert “when” |
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| | Clause, as amended, Agreed to. |
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| | Clauses 147 and 148 Agreed to. |
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| Clause 149, page 83, line 36, leave out “with the day on which” and insert “when” |
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| | Clause, as amended, Agreed to. |
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| | Clauses 150 to 153 Agreed to. |
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