Session 2017-19
Internet Publications
Other Bills before Parliament


 
 

1

 

House of Commons

 
 

Wednesday 9 May 2018

 

Consideration of Bill (Report Stage)

 

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: 152 to 155

 

Data Protection Bill [Lords], 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withdrawn amendments at the end.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

 

accordance with the Data Protection Bill [Lords] Programme (No. 2) Motion to be

 

proposed by Secretary Matt Hancock.

 

 


 

New Clauses, New Schedules and amendments relating to the processing

 

of personal data for the purposes of journalism

 

Secretary Matt Hancock

 

NC19

 

To move the following Clause—

 

         

“Guidance about how to seek redress against media organisations

 

(1)    

The Commissioner must produce and publish guidance about the steps that may

 

be taken where an individual considers that a media organisation is failing or has

 

failed to comply with the data protection legislation.

 

(2)    

In this section, “media organisation” means a body or other organisation whose

 

activities consist of or include journalism.

 

(3)    

The guidance must include provision about relevant complaints procedures,

 

including—

 

(a)    

who runs them,

 

(b)    

what can be complained about, and

 

(c)    

how to make a complaint.

 

(4)    

For the purposes of subsection (3), relevant complaints procedures include

 

procedures for making complaints to the Commissioner, the Office of


 
 

Consideration of Bill (Report Stage): 9 May 2018          

2

 

Data Protection Bill-[Lords], continued

 
 

Communications, the British Broadcasting Corporation and other persons who

 

produce or enforce codes of practice for media organisations.

 

(5)    

The guidance must also include provision about—

 

(a)    

the powers available to the Commissioner in relation to a failure to

 

comply with the data protection legislation,

 

(b)    

when a claim in respect of such a failure may be made before a court and

 

how to make such a claim,

 

(c)    

alternative dispute resolution procedures,

 

(d)    

the rights of bodies and other organisations to make complaints and

 

claims on behalf of data subjects, and

 

(e)    

the Commissioner’s power to provide assistance in special purpose

 

proceedings.

 

(6)    

The Commissioner—

 

(a)    

may alter or replace the guidance, and

 

(b)    

must publish any altered or replacement guidance.

 

(7)    

The Commissioner must produce and publish the first guidance under this section

 

before the end of the period of 1 year beginning when this Act is passed.”

 

Member’s explanatory statement

 

This new clause would be inserted after Clause 172. It requires the Information Commissioner to

 

produce guidance about how individuals can seek redress where a media organisation (defined in

 

subsection (2) of the new clause) fails to comply with the data protection legislation, including

 

guidance about making complaints and bringing claims before a court.

 


 

Secretary Matt Hancock

 

NC22

 

To move the following Clause—

 

         

“Review of processing of personal data for the purposes of journalism

 

(1)    

The Commissioner must—

 

(a)    

review the extent to which the processing of personal data for the

 

purposes of journalism complied with the data protection legislation

 

during the review period,

 

(b)    

prepare a report of the review, and

 

(c)    

submit the report to the Secretary of State.

 

(2)    

“The review period” means the period of 4 years beginning with the day on which

 

Chapter 2 of Part 2 of this Act comes into force.

 

(3)    

The Commissioner must—

 

(a)    

start the review within the period of 6 months beginning when the review

 

period ends, and

 

(b)    

submit the report to the Secretary of State before the end of the period of

 

18 months beginning when the Commissioner started the review.

 

(4)    

The report must include consideration of the extent of compliance (as described

 

in subsection (1)(a)) in each part of the United Kingdom.

 

(5)    

The Secretary of State must—

 

(a)    

lay the report before Parliament, and

 

(b)    

send a copy of the report to—

 

(i)    

the Scottish Ministers,


 
 

Consideration of Bill (Report Stage): 9 May 2018          

3

 

Data Protection Bill-[Lords], continued

 
 

(ii)    

the Welsh Ministers, and

 

(iii)    

the Executive Office in Northern Ireland.”

 

Member’s explanatory statement

 

This new clause would be inserted after Clause 172. It requires the Information Commissioner to

 

carry out a review of, and report on, the extent to which the processing of personal data for the

 

purposes of journalism complied with the data protection legislation during the first 4 years of its

 

operation. The Secretary of State must lay the report before Parliament and send a copy of the

 

report to the Scottish Ministers, the Welsh Ministers and the Executive Office in Northern Ireland

 

(formerly the office of the First Minister and deputy First Minister in Northern Ireland).

 


 

Secretary Matt Hancock

 

NC23

 

To move the following Clause—

 

         

“Data protection and journalism code

 

(1)    

The Commissioner must prepare a code of practice which contains—

 

(a)    

practical guidance in relation to the processing of personal data for the

 

purposes of journalism in accordance with the requirements of the data

 

protection legislation, and

 

(b)    

such other guidance as the Commissioner considers appropriate to

 

promote good practice in the processing of personal data for the purposes

 

of journalism.

 

(2)    

Where a code under this section is in force, the Commissioner may prepare

 

amendments of the code or a replacement code.

 

(3)    

Before preparing a code or amendments under this section, the Commissioner

 

must consult such of the following as the Commissioner considers appropriate—

 

(a)    

trade associations;

 

(b)    

data subjects;

 

(c)    

persons who appear to the Commissioner to represent the interests of data

 

subjects.

 

(4)    

A code under this section may include transitional provision or savings.

 

(5)    

In this section—

 

“good practice in the processing of personal data for the purposes of

 

journalism” means such practice in the processing of personal data for

 

those purposes as appears to the Commissioner to be desirable having

 

regard to—

 

(a)    

the interests of data subjects and others, including compliance

 

with the requirements of the data protection legislation, and

 

(b)    

the special importance of the public interest in the freedom of

 

expression and information;

 

“trade association” includes a body representing controllers or processors.”

 

Member’s explanatory statement

 

This new Clause would be inserted after Clause 123. It requires the Commissioner to prepare a

 

code of practice giving guidance about the processing of personal data for the purposes of

 

journalism. Clauses 124 to 126 (approval, publication and effect) would apply to the code (see

 

amendments 146, 147, 148, 149 and 150).

 



 
 

Consideration of Bill (Report Stage): 9 May 2018          

4

 

Data Protection Bill-[Lords], continued

 
 

Edward Miliband

 

Mr Kenneth Clarke

 

Brendan O’Hara

 

Christine Jardine

 

Liz Saville Roberts

 

Caroline Lucas

Ian C. Lucas

Paul Farrelly

 

NC18

 

To move the following Clause—

 

         

“Data protection breaches by national news publishers

 

(1)    

The Secretary of State must, within the period of three months beginning with the

 

day on which this Act is passed, establish an inquiry under the Inquiries Act 2005

 

into allegations of data protection breaches committed by or on behalf of national

 

news publishers and other media organisations.

 

(2)    

Before setting the terms of reference of and other arrangements for the inquiry the

 

Secretary of State must—

 

(a)    

consult the Scottish Ministers with a view to ensuring, in particular, that

 

the inquiry will consider the separate legal context and other

 

circumstances of Scotland;

 

(b)    

consult Northern Ireland Ministers and members of the Northern Ireland

 

Assembly with a view to ensuring, in particular, that the inquiry will

 

consider the separate legal context and other circumstances of Northern

 

Ireland;

 

(c)    

consult persons appearing to the Secretary of State to represent the

 

interests of victims of data protection breaches committed by, on behalf

 

of or in relation to, national news publishers and other media

 

organisations; and

 

(d)    

consult persons appearing to the Secretary of State to represent the

 

interests of news publishers and other media organisations (having

 

regard in particular to organisations representing journalists).

 

(3)    

The terms of reference for the inquiry must include requirements—

 

(a)    

to inquire into the extent of unlawful or improper conduct by or on behalf

 

of national news publishers and other organisations within the media in

 

respect of personal data;

 

(b)    

to inquire into the extent of corporate governance and management

 

failures and the role, if any, of politicians, public servants and others in

 

relation to failures to investigate wrongdoing at media organisations

 

within the scope of the inquiry;

 

(c)    

to review the protections and provisions around media coverage of

 

individuals subject to police inquiries, including the policy and practice

 

of naming suspects of crime prior to any relevant charge or conviction;

 

(d)    

to investigate the dissemination of information and news, including false

 

news stories, by social media organisations using personal data;

 

(e)    

to consider the adequacy of the current regulatory arrangements and the

 

resources, powers and approach of the Information Commissioner and

 

any other relevant authorities in relation to—

 

(i)    

the news publishing industry (except in relation to entities

 

regulated by Ofcom) across all platforms and in the light of

 

experience since 2012;

 

(ii)    

social media companies;


 
 

Consideration of Bill (Report Stage): 9 May 2018          

5

 

Data Protection Bill-[Lords], continued

 
 

(f)    

to make such recommendations as appear to the inquiry to be appropriate

 

for the purpose of ensuring that the privacy rights of individuals are

 

balanced with the right to freedom of expression.

 

(4)    

In setting the terms of reference for the inquiry the Secretary of State must—

 

(a)    

have regard to the current context of the news, publishing and general

 

media industry;

 

(b)    

must set appropriate parameters for determining which allegations are to

 

be considered;

 

(c)    

determine the meaning and scope of references to national news

 

publishers and other media organisations for the purposes of the inquiry.

 

(5)    

Before complying with subsection (4) the Secretary of State must consult the

 

judge or other person who is likely to be invited to chair the inquiry.

 

(6)    

The inquiry may, so far as it considers appropriate—

 

(a)    

consider evidence given to previous public inquiries; and

 

(b)    

take account of the findings of and evidence given to previous public

 

inquiries (and the inquiry must consider using this power for the purpose

 

of avoiding the waste of public resources).

 

(7)    

This section comes into force on Royal Assent.”

 

Member’s explanatory statement

 

This new clause would require the establishment of an inquiry under the Inquiries Act 2005 as

 

recommended by Lord Justice Leveson for Part two of his Inquiry.

 


 

Tom Watson

 

Liam Byrne

 

Christine Jardine

 

NC20

 

To move the following Clause—

 

         

“Publishers of news-related material: damages and costs (No. 2)

 

(1)    

This section applies where—

 

(a)    

a relevant claim for breach of the data protection legislation is made

 

against a person (“the defendant”),

 

(b)    

the defendant was a relevant publisher at the material time, and

 

(c)    

the claim is related to the publication of news-related material.

 

(2)    

If the defendant was a member of an approved regulator at the time when the

 

claim was commenced (or was unable to be a member at that time for reasons

 

beyond the defendant’s control or it would have been unreasonable in the

 

circumstances for the defendant to have been a member at that time), the court

 

must award costs against the claimant unless satisfied that—

 

(a)    

the issues raised by the claim could not have been resolved by using an

 

arbitration scheme of the approved regulator, or

 

(b)    

it is just and equitable in all the circumstances of the case, including, for

 

the avoidance of doubt—

 

(i)    

the conduct of the defendant, and

 

(ii)    

whether the defendant pleaded a reasonably arguable defence, to

 

make a different award of costs or make no award of costs.

 

(3)    

If the defendant was not an exempt relevant publisher and was not a member of

 

an approved regulator at the time when the claim was commenced (but would

 

have been able to be a member at that time and it would have been reasonable in


 
 

Consideration of Bill (Report Stage): 9 May 2018          

6

 

Data Protection Bill-[Lords], continued

 
 

the circumstances for the defendant to have been a member at that time), the court

 

must award costs against the defendant unless satisfied that—

 

(a)    

the issues raised by the claim could not have been resolved by using an

 

arbitration scheme of the approved regulator (had the defendant been a

 

member), or

 

(b)    

it is just and equitable in all the circumstances of the case, including, for

 

the avoidance of doubt—

 

(i)    

the conduct of the claimant, and

 

(ii)    

whether the claimant had a reasonably arguable claim, to make a

 

different award of costs or make no award of costs.

 

(4)    

This section is not to be read as limiting any power to make rules of court.

 

(5)    

This section does not apply until such time as a body is first recognised as an

 

approved regulator.”

 

Member’s explanatory statement

 

This new clause would provide that court costs of non-abusive, non-vexatious, and non-trivial libel

 

and intrusion claims would be awarded against a newspaper choosing not to join a Royal Charter-

 

approved regulator offering low-cost arbitration, but that newspapers who do join such a

 

regulator would be protected from costs awards even if they lose a claim.

 


 

Tom Watson

 

Liam Byrne

 

Christine Jardine

 

NC21

 

To move the following Clause—

 

         

“Publishers of news-related material: interpretive provisions (No. 2)

 

(1)    

This section applies for the purposes of section (Publishers of news-related

 

material: damages and costs (No. 2)).

 

(2)    

“Approved regulator” means a body recognised as a regulator of relevant

5

publishers.

 

(3)    

For the purposes of subsection (2), a body is “recognised” as a regulator of

 

relevant publishers if it is so recognised by any body established by Royal Charter

 

(whether established before or after the coming into force of this section) with the

 

purpose of carrying on activities relating to the recognition of independent

10

regulators of relevant publishers.

 

(4)    

“Relevant claim” means a civil claim made in respect of data protection under the

 

data protection legislation, brought in England or Wales by a claimant domiciled

 

anywhere in the United Kingdom.

 

(5)    

The “material time”, in relation to a relevant claim, is the time of the events giving

15

rise to the claim.

 

(6)    

“News-related material” means—

 

(a)    

news or information about current affairs,

 

(b)    

opinion about matters relating to the news or current affairs, or

 

(c)    

gossip about celebrities, other public figures or other persons in the news.

20

(7)    

A relevant claim is related to the publication of news-related material if the claim

 

results from—

 

(a)    

the publication of news-related material, or

 

(b)    

activities carried on in connection with the publication of such material

 

(whether or not the material is in fact published).


 
 

Consideration of Bill (Report Stage): 9 May 2018          

7

 

Data Protection Bill-[Lords], continued

 

25

(8)    

A reference to the “publication” of material is a reference to publication—

 

(a)    

on a website,

 

(b)    

in hard copy, or

 

(c)    

by any other means,

 

and references to a person who “publishes” material are to be read accordingly.

30

(9)    

A reference to “conduct” includes a reference to omissions; and a reference to a

 

person’s conduct includes a reference to a person’s conduct after the events

 

giving rise to the claim concerned.

 

(10)    

“Relevant publisher” has the same meaning as in section 41 of the Crime and

 

Courts Act 2013.

35

(11)    

A relevant publisher is exempt if it satisfies Condition A or B.

 

(12)    

Condition A is that the publisher has a constitution which—

 

(a)    

requires any surplus income or gains to be reinvested in the publisher,

 

and

 

(b)    

does not allow the distribution of any of its profits or assets (in cash or in

40

kind) to members or third parties.

 

(13)    

Condition B is that the publisher—

 

(a)    

publishes predominantly in Scotland, or predominantly in Wales, or

 

predominantly in Northern Ireland or predominantly in specific regions

 

or localities; and

45

(b)    

has had an average annual turnover not exceeding £100 million over the

 

last five complete financial years.”

 

Member’s explanatory statement

 

This new clause would provide that the penalty incentives in New Clause 20 would not apply to

 

companies which publish only on a regional or local basis and have an annual turnover of less

 

than £100m. It sets out that only data protection claims are eligible, and provides further

 

interpretive provisions.

 

As an Amendment to Tom Watson’s proposed New Clause (Publishers of news-related

 

material: interpretive provisions (No. 2)) (NC21):—

 

Brendan O’Hara

 

Stuart C. McDonald

 

Christine Jardine

 

Tom Watson

 

(a)

 

Parliamentary Star - white    

Line  33,  leave out subsection (10) and insert—

 

“(10)    

“Relevant publisher” has the same meaning as in section 41 of the Crime and

 

Courts Act 2013, subject to subsection (10A).

 

(10A)    

For the purposes of this Act, a publisher shall only be a “relevant publisher” if—

 

(a)    

it has a registered address in England or Wales; and

 

(b)    

its publications are published in, or in any part of, England or Wales.

 

(10B)    

A relevant claim may be made under the data protection legislation only in

 

respect of material which is published by a relevant publisher (as defined by

 

subsections (10) and (10A)) and which is read or accessed in England or Wales.”

 

 



 
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Revised 09 May 2018