Session 2017-19
Internet Publications
Other Bills before Parliament


 
 

Consideration of Bill (Report Stage): 9 May 2018          

43

 

Data Protection Bill-[Lords], continued

 
 

Charges payable to the Commissioner by controllers

 

26  (1)  

The Data Protection (Charges and Information) Regulations 2018 (S.I. 2018/

 

480) have effect after the relevant time (until revoked) as if they were made

 

under section 136 of this Act.

 

      (2)  

In this paragraph, “the relevant time” means the time when section 136 of this

 

Act comes into force.

 

Requests for assessment

 

27  (1)  

The repeal of section 42 of the 1998 Act (requests for assessment) does not

 

affect the application of that section after the relevant time in a case in which

 

the Commissioner received a request under that section before the relevant

 

time, subject to sub-paragraph (2).

 

      (2)  

The Commissioner is only required to make an assessment of acts and

 

omissions that took place before the relevant time.

 

      (3)  

In this paragraph, “the relevant time” means the time when the repeal of

 

section 42 of the 1998 Act comes into force.

 

Codes of practice

 

28  (1)  

The repeal of section 52E of the 1998 Act (effect of codes of practice) does not

 

affect the application of that section after the relevant time in relation to legal

 

proceedings or to the exercise of the Commissioner’s functions under the 1998

 

Act as it has effect by virtue of this Schedule.

 

      (2)  

In section 52E of the 1998 Act, as it has effect by virtue of this paragraph, the

 

references to the 1998 Act include that Act as it has effect by virtue of this

 

Schedule.

 

      (3)  

For the purposes of subsection (3) of that section, as it has effect by virtue of

 

this paragraph, the data-sharing code and direct marketing code in force

 

immediately before the relevant time are to be treated as having continued in

 

force after that time.

 

      (4)  

In this paragraph—

 

“the data-sharing code” and “the direct marketing code” mean the codes

 

respectively prepared under sections 52A and 52AA of the 1998 Act

 

and issued under section 52B(5) of that Act;

 

“the relevant time” means the time when the repeal of section 52E of the

 

1998 Act comes into force.

 

Part 7

 

Enforcement etc under the 1998 Act

 

Interpretation of this Part

 

29  (1)  

In this Part of this Schedule, references to contravention of the sixth data

 

protection principle sections are to relevant contravention of any of sections 7,

 

10, 11 or 12 of the 1998 Act, as they continue to have effect by virtue of this

 

Schedule after their repeal (and references to compliance with the sixth data

 

protection principle sections are to be read accordingly).

 

      (2)  

In sub-paragraph (1), “relevant contravention” means contravention in a

 

manner described in paragraph 8 of Part 2 of Schedule 1 to the 1998 Act (sixth

 

data protection principle).


 
 

Consideration of Bill (Report Stage): 9 May 2018          

44

 

Data Protection Bill-[Lords], continued

 
 

Information notices

 

30  (1)  

The repeal of section 43 of the 1998 Act (information notices) does not affect

 

the application of that section after the relevant time in a case in which—

 

(a)    

the Commissioner served a notice under that section before the

 

relevant time (and did not cancel it before that time), or

 

(b)    

the Commissioner requires information after the relevant time for the

 

purposes of—

 

(i)    

responding to a request made under section 42 of the 1998 Act

 

before that time,

 

(ii)    

determining whether a data controller complied with the old

 

data protection principles before that time, or

 

(iii)    

determining whether a data controller complied with the sixth

 

data protection principle sections after that time.

 

      (2)  

In section 43 of the 1998 Act, as it has effect by virtue of this paragraph—

 

(a)    

the reference to an offence under section 47 of the 1998 Act includes

 

an offence under section 143 of this Act, and

 

(b)    

the references to an offence under the 1998 Act include an offence

 

under this Act.

 

      (3)  

In this paragraph, “the relevant time” means the time when the repeal of

 

section 43 of the 1998 Act comes into force.

 

Special information notices

 

31  (1)  

The repeal of section 44 of the 1998 Act (special information notices) does not

 

affect the application of that section after the relevant time in a case in which—

 

(a)    

the Commissioner served a notice under that section before the

 

relevant time (and did not cancel it before that time), or

 

(b)    

the Commissioner requires information after the relevant time for the

 

purposes of—

 

(i)    

responding to a request made under section 42 of the 1998 Act

 

before that time, or

 

(ii)    

ascertaining whether section 44(2)(a) or (b) of the 1998 Act

 

was satisfied before that time.

 

      (2)  

In section 44 of the 1998 Act, as it has effect by virtue of this paragraph—

 

(a)    

the reference to an offence under section 47 of the 1998 Act includes

 

an offence under section 143 of this Act, and

 

(b)    

the references to an offence under the 1998 Act include an offence

 

under this Act.

 

      (3)  

In this paragraph, “the relevant time” means the time when the repeal of

 

section 44 of the 1998 Act comes into force.

 

Assessment notices

 

32  (1)  

The repeal of sections 41A and 41B of the 1998 Act (assessment notices) does

 

not affect the application of those sections after the relevant time in a case in

 

which—

 

(a)    

the Commissioner served a notice under section 41A of the 1998 Act

 

before the relevant time (and did not cancel it before that time), or

 

(b)    

the Commissioner considers it appropriate, after the relevant time, to

 

investigate—

 

(i)    

whether a data controller complied with the old data

 

protection principles before that time, or


 
 

Consideration of Bill (Report Stage): 9 May 2018          

45

 

Data Protection Bill-[Lords], continued

 
 

(ii)    

whether a data controller complied with the sixth data

 

protection principle sections after that time.

 

      (2)  

The revocation of the Data Protection (Assessment Notices) (Designation of

 

National Health Service Bodies) Order 2014 (S.I. 2014/3282), and the repeals

 

mentioned in sub-paragraph (1), do not affect the application of that Order in

 

a case described in sub-paragraph (1).

 

      (3)  

Sub-paragraph (1) does not enable the Secretary of State, after the relevant

 

time, to make an order under section 41A(2)(b) or (c) of the 1998 Act (data

 

controllers on whom an assessment notice may be served) designating a public

 

authority or person for the purposes of that section.

 

      (4)  

Section 41A of the 1998 Act, as it has effect by virtue of sub-paragraph (1), has

 

effect as if subsections (8) and (11) (duty to review designation orders) were

 

omitted.

 

      (5)  

The repeal of section 41C of the 1998 Act (code of practice about assessment

 

notice) does not affect the application, after the relevant time, of the code

 

issued under that section and in force immediately before the relevant time in

 

relation to the exercise of the Commissioner’s functions under and in

 

connection with section 41A of the 1998 Act, as it has effect by virtue of sub-

 

paragraph (1).

 

      (6)  

In this paragraph, “the relevant time” means the time when the repeal of

 

section 41A of the 1998 Act comes into force.

 

Enforcement notices

 

33  (1)  

The repeal of sections 40 and 41 of the 1998 Act (enforcement notices) does

 

not affect the application of those sections after the relevant time in a case in

 

which—

 

(a)    

the Commissioner served a notice under section 40 of the 1998 Act

 

before the relevant time (and did not cancel it before that time), or

 

(b)    

the Commissioner is satisfied, after that time, that a data controller —

 

(i)    

contravened the old data protection principles before that

 

time, or

 

(ii)    

contravened the sixth data protection principle sections after

 

that time.

 

      (2)  

In this paragraph, “the relevant time” means the time when the repeal of

 

section 40 of the 1998 Act comes into force.

 

Determination by Commissioner as to the special purposes

 

34  (1)  

The repeal of section 45 of the 1998 Act (determination by Commissioner as

 

to the special purposes) does not affect the application of that section after the

 

relevant time in a case in which—

 

(a)    

the Commissioner made a determination under that section before the

 

relevant time, or

 

(b)    

the Commissioner considers it appropriate, after the relevant time, to

 

make a determination under that section.

 

      (2)  

In this paragraph, “the relevant time” means the time when the repeal of

 

section 45 of the 1998 Act comes into force.


 
 

Consideration of Bill (Report Stage): 9 May 2018          

46

 

Data Protection Bill-[Lords], continued

 
 

Restriction on enforcement in case of processing for the special purposes

 

35  (1)  

The repeal of section 46 of the 1998 Act (restriction on enforcement in case of

 

processing for the special purposes) does not affect the application of that

 

section after the relevant time in relation to an enforcement notice or

 

information notice served under the 1998 Act—

 

(a)    

before the relevant time, or

 

(b)    

after the relevant time in reliance on this Schedule.

 

      (2)  

In this paragraph, “the relevant time” means the time when the repeal of

 

section 46 of the 1998 Act comes into force.

 

Offences

 

36  (1)  

The repeal of sections 47, 60 and 61 of the 1998 Act (offences of failing to

 

comply with certain notices and of providing false information etc in response

 

to a notice) does not affect the application of those sections after the relevant

 

time in connection with an information notice, special information notice or

 

enforcement notice served under Part 5 of the 1998 Act—

 

(a)    

before the relevant time, or

 

(b)    

after that time in reliance on this Schedule.

 

      (2)  

In this paragraph, “the relevant time” means the time when the repeal of

 

section 47 of the 1998 Act comes into force.

 

Powers of entry

 

37  (1)  

The repeal of sections 50, 60 and 61 of, and Schedule 9 to, the 1998 Act

 

(powers of entry) does not affect the application of those provisions after the

 

relevant time in a case in which—

 

(a)    

a warrant issued under that Schedule was in force immediately before

 

the relevant time,

 

(b)    

before the relevant time, the Commissioner supplied information on

 

oath for the purposes of obtaining a warrant under that Schedule but

 

that had not been considered by a circuit judge or a District Judge

 

(Magistrates’ Courts), or

 

(c)    

after the relevant time, the Commissioner supplies information on oath

 

to a circuit judge or a District Judge (Magistrates’ Courts) in respect

 

of—

 

(i)    

a contravention of the old data protection principles before the

 

relevant time;

 

(ii)    

a contravention of the sixth data protection principle sections

 

after the relevant time;

 

(iii)    

the commission of an offence under a provision of the 1998

 

Act (including as the provision has effect by virtue of this

 

Schedule);

 

(iv)    

a failure to comply with a requirement imposed by an

 

assessment notice issued under section 41A the 1998 Act

 

(including as it has effect by virtue of this Schedule).

 

      (2)  

In paragraph 16 of Schedule 9 to the 1998 Act, as it has effect by virtue of this

 

paragraph, the reference to an offence under paragraph 12 of that Schedule

 

includes an offence under paragraph 15 of Schedule 15 to this Act.

 

      (3)  

In this paragraph, “the relevant time” means the time when the repeal of

 

Schedule 9 to the 1998 Act comes into force.


 
 

Consideration of Bill (Report Stage): 9 May 2018          

47

 

Data Protection Bill-[Lords], continued

 
 

      (4)  

Paragraphs 14 and 15 of Schedule 9 to the 1998 Act (application of that

 

Schedule to Scotland and Northern Ireland) apply for the purposes of this

 

paragraph as they apply for the purposes of that Schedule.

 

Monetary penalties

 

38  (1)  

The repeal of sections 55A, 55B, 55D and 55E of the 1998 Act (monetary

 

penalties) does not affect the application of those provisions after the relevant

 

time in a case in which—

 

(a)    

the Commissioner served a monetary penalty notice under section 55A

 

of the 1998 Act before the relevant time,

 

(b)    

the Commissioner served a notice of intent under section 55B of the

 

1998 Act before the relevant time, or

 

(c)    

the Commissioner considers it appropriate, after the relevant time, to

 

serve a notice mentioned in paragraph (a) or (b) in respect of—

 

(i)    

a contravention of section 4(4) of the 1998 Act before the

 

relevant time, or

 

(ii)    

a contravention of the sixth data protection principle sections

 

after the relevant time.

 

      (2)  

The revocation of the relevant subordinate legislation, and the repeals

 

mentioned in sub-paragraph (1), do not affect the application of the relevant

 

subordinate legislation (or of provisions of the 1998 Act applied by them) after

 

the relevant time in a case described in sub-paragraph (1).

 

      (3)  

Guidance issued under section 55C of the 1998 Act (guidance about monetary

 

penalty notices) which is in force immediately before the relevant time

 

continues in force after that time for the purposes of the Commissioner’s

 

exercise of functions under sections 55A and 55B of the 1998 Act as they have

 

effect by virtue of this paragraph.

 

      (4)  

In this paragraph—

 

“the relevant subordinate legislation” means—

 

(a)    

the Data Protection (Monetary Penalties) (Maximum Penalty

 

and Notices) Regulations 2010 (S.I. 2010/31);

 

(b)    

the Data Protection (Monetary Penalties) Order 2010 (S.I. 2010/

 

910);

 

“the relevant time” means the time when the repeal of section 55A of the

 

1998 Act comes into force.

 

Appeals

 

39  (1)  

The repeal of sections 48 and 49 of the 1998 Act (appeals) does not affect the

 

application of those sections after the relevant time in relation to a notice

 

served under the 1998 Act or a determination made under section 45 of that

 

Act—

 

(a)    

before the relevant time, or

 

(b)    

after that time in reliance on this Schedule.

 

      (2)  

In this paragraph, “the relevant time” means the time when the repeal of

 

section 48 of the 1998 Act comes into force.

 

Exemptions

 

40  (1)  

The repeal of section 28 of the 1998 Act (national security) does not affect the

 

application of that section after the relevant time for the purposes of a

 

provision of Part 5 of the 1998 Act as it has effect after that time by virtue of

 

the preceding paragraphs of this Part of this Schedule.


 
 

Consideration of Bill (Report Stage): 9 May 2018          

48

 

Data Protection Bill-[Lords], continued

 
 

      (2)  

In this paragraph, “the relevant time” means the time when the repeal of the

 

provision of Part 5 of the 1998 Act in question comes into force.

 

      (3)  

As regards certificates issued under section 28(2) of the 1998 Act, see Part 5

 

of this Schedule.

 

Tribunal Procedure Rules

 

41  (1)  

The repeal of paragraph 7 of Schedule 6 to the 1998 Act (Tribunal Procedure

 

Rules) does not affect the application of that paragraph, or of rules made under

 

that paragraph, after the relevant time in relation to the exercise of rights of

 

appeal conferred by section 28 or 48 of the 1998 Act, as they have effect by

 

virtue of this Schedule.

 

      (2)  

Part 3 of Schedule 18 to this Act does not apply for the purposes of Tribunal

 

Procedure Rules made under paragraph 7(1)(a) of Schedule 6 to the 1998 Act

 

as they apply, after the relevant time, in relation to the exercise of rights of

 

appeal described in sub-paragraph (1).

 

      (3)  

In this paragraph, “the relevant time” means the time when the repeal of

 

paragraph 7 of Schedule 6 to the 1998 Act comes into force.

 

Obstruction etc

 

42  (1)  

The repeal of paragraph 8 of Schedule 6 to the 1998 Act (obstruction etc in

 

proceedings before the Tribunal) does not affect the application of that

 

paragraph after the relevant time in relation to an act or omission in relation to

 

proceedings under the 1998 Act (including as it has effect by virtue of this

 

Schedule).

 

      (2)  

In this paragraph, “the relevant time” means the time when the repeal of

 

paragraph 8 of Schedule 6 to the 1998 Act comes into force.

 

Enforcement etc under the 2014 Regulations

 

43  (1)  

The references in the preceding paragraphs of this Part of this Schedule to

 

provisions of the 1998 Act include those provisions as applied, with

 

modifications, by regulation 51 of the 2014 Regulations (other functions of the

 

Commissioner).

 

      (2)  

The revocation of regulation 51 of the 2014 Regulations does not affect the

 

application of those provisions of the 1998 Act (as so applied) as described in

 

those paragraphs.

 

Part 8

 

Enforcement etc under this Act

 

Information notices

 

44         

In section 142 of this Act—

 

(a)    

the reference to an offence under section 143 of this Act includes an

 

offence under section 47 of the 1998 Act (including as it has effect by

 

virtue of this Schedule), and

 

(b)    

the references to an offence under this Act include an offence under

 

the 1998 Act (including as it has effect by virtue of this Schedule) or

 

the 1984 Act.


 
 

Consideration of Bill (Report Stage): 9 May 2018          

49

 

Data Protection Bill-[Lords], continued

 
 

Powers of entry

 

45         

In paragraph 16 of Schedule 15 to this Act (powers of entry: self-

 

incrimination), the reference to an offence under paragraph 15 of that Schedule

 

includes an offence under paragraph 12 of Schedule 9 to the 1998 Act

 

(including as it has effect by virtue of this Schedule).

 

Tribunal Procedure Rules

 

46  (1)  

Tribunal Procedure Rules made under paragraph 7(1)(a) of Schedule 6 to the

 

1998 Act (appeal rights under the 1998 Act) and in force immediately before

 

the relevant time have effect after that time as if they were also made under

 

section 194 of this Act.

 

      (2)  

In this paragraph, “the relevant time” means the time when the repeal of

 

paragraph 7(1)(a) of Schedule 6 to the 1998 Act comes into force.

 

Part 9

 

Other enactments

 

Powers to disclose information to the Commissioner

 

47  (1)  

The following provisions (as amended by Schedule 18 to this Act) have effect

 

after the relevant time as if the matters they refer to included a matter in respect

 

of which the Commissioner could exercise a power conferred by a provision

 

of Part 5 of the 1998 Act, as it has effect by virtue of this Schedule—

 

(a)    

section 11AA(1)(a) of the Parliamentary Commissioner Act 1967

 

(disclosure of information by Parliamentary Commissioner);

 

(b)    

sections 33A(1)(a) and 34O(1)(a) of the Local Government Act 1974

 

(disclosure of information by Local Commissioner);

 

(c)    

section 18A(1)(a) of the Health Service Commissioners Act 1993

 

(disclosure of information by Health Service Commissioner);

 

(d)    

paragraph 1 of the entry for the Information Commissioner in

 

Schedule 5 to the Scottish Public Services Ombudsman Act 2002 (asp

 

11) (disclosure of information by the Ombudsman);

 

(e)    

section 34X(3)(a) of the Public Services Ombudsman (Wales) Act

 

2005 (disclosure of information by the Ombudsman);

 

(f)    

section 18(6)(a) of the Commissioner for Older People (Wales) Act

 

2006 (disclosure of information by the Commissioner);

 

(g)    

section 22(3)(a) of the Welsh Language (Wales) Measure 2011

 

(nawm 1) (disclosure of information by the Welsh Language

 

Commissioner);

 

(h)    

section 49(3)(a) of the Public Services Ombudsman Act (Northern

 

Ireland) 2016 (c. 4 (N.I.)) (disclosure of information by the

 

Ombudsman);

 

(i)    

section 44(3)(a) of the Justice Act (Northern Ireland) 2016 (c. 21

 

(N.I.)) (disclosure of information by the Prison Ombudsman for

 

Northern Ireland).

 

      (2)  

The following provisions (as amended by Schedule 18 to this Act) have effect

 

after the relevant time as if the offences they refer to included an offence under

 

any provision of the 1998 Act other than paragraph 12 of Schedule 9 to that

 

Act (obstruction of execution of warrant)—

 

(a)    

section 11AA(1)(b) of the Parliamentary Commissioner Act 1967;

 

(b)    

sections 33A(1)(b) and 34O(1)(b) of the Local Government Act 1974;

 

(c)    

section 18A(1)(b) of the Health Service Commissioners Act 1993;


 
PreviousBack to StartNext
 

Revised 09 May 2018