|
|
| |
| |
|
| | (d) | paragraph 2 of the entry for the Information Commissioner in |
|
| | Schedule 5 to the Scottish Public Services Ombudsman Act 2002 (asp |
|
| | |
| | (e) | section 34X(5) of the Public Services Ombudsman (Wales) Act 2005 |
|
| | (disclosure of information by the Ombudsman); |
|
| | (f) | section 18(8) of the Commissioner for Older People (Wales) Act |
|
| | |
| | (g) | section 22(5) of the Welsh Language (Wales) Measure 2011 |
|
| | |
| | (h) | section 49(5) of the Public Services Ombudsman Act (Northern |
|
| | Ireland) 2016 (c. 4 (N.I.)); |
|
| | (i) | section 44(3)(b) of the Justice Act (Northern Ireland) 2016 (c. 21 |
|
| | |
| | (3) | In this paragraph, “the relevant time”, in relation to a provision of a section or |
|
| | Schedule listed in sub-paragraph (1) or (2), means the time when the |
|
| | amendment of the section or Schedule by Schedule 18 to this Act comes into |
|
| | |
| | Codes etc required to be consistent with the Commissioner’s data-sharing code |
|
| | 48 (1) | This paragraph applies in relation to the code of practice issued under each of |
|
| | the following provisions— |
|
| | (a) | section 19AC of the Registration Service Act 1953 (code of practice |
|
| | about disclosure of information by civil registration officials); |
|
| | (b) | section 43 of the Digital Economy Act 2017 (code of practice about |
|
| | disclosure of information to improve public service delivery); |
|
| | (c) | section 52 of that Act (code of practice about disclosure of information |
|
| | to reduce debt owed to the public sector); |
|
| | (d) | section 60 of that Act (code of practice about disclosure of information |
|
| | to combat fraud against the public sector); |
|
| | (e) | section 70 of that Act (code of practice about disclosure of information |
|
| | |
| | (2) | During the relevant period, the code of practice does not have effect to the |
|
| | extent that it is inconsistent with the code of practice prepared under section |
|
| | 121 of this Act (data-sharing code) and issued under section 124(4) of this Act |
|
| | (as altered or replaced from time to time). |
|
| | (3) | In this paragraph, “the relevant period”, in relation to a code issued under a |
|
| | section mentioned in sub-paragraph (1), means the period— |
|
| | (a) | beginning when the amendments of that section in Schedule 18 to this |
|
| | |
| | (b) | ending when the code is first reissued under that section. |
|
| | 49 (1) | This paragraph applies in relation to the original statement published under |
|
| | section 45E of the Statistics and Registration Service Act 2007 (statement of |
|
| | principles and procedures in connection with access to information by the |
|
| | |
| | (2) | During the relevant period, the statement does not have effect to the extent that |
|
| | it is inconsistent with the code of practice prepared under section 121 of this |
|
| | Act (data-sharing code) and issued under section 124(4) of this Act (as altered |
|
| | or replaced from time to time). |
|
| | (3) | In this paragraph, “the relevant period” means the period— |
|
| | (a) | beginning when the amendments of section 45E of the Statistics and |
|
| | Registration Service Act 2007 in Schedule 18 to this Act come into |
|
| | |
|
|
| |
| |
|
| | (b) | ending when the first revised statement is published under that section. |
|
| | |
| | 50 | In section 159(1)(a) of the Consumer Credit Act 1974 (correction of wrong |
|
| | information) (as amended by Schedule 18 to this Act), the reference to |
|
| | information given under Article 15(1) to (3) of the GDPR includes information |
|
| | given at any time under section 7 of the 1998 Act. |
|
| | Freedom of Information Act 2000 |
|
| | 51 | Paragraphs 52 to 55 make provision about the Freedom of Information Act |
|
| | |
| | 52 (1) | This paragraph applies where a request for information was made to a public |
|
| | authority under the 2000 Act before the relevant time. |
|
| | (2) | To the extent that the request is dealt with after the relevant time, the |
|
| | amendments of sections 2 and 40 of the 2000 Act in Schedule 18 to this Act |
|
| | have effect for the purposes of determining whether the authority deals with |
|
| | the request in accordance with Part 1 of the 2000 Act. |
|
| | (3) | To the extent that the request was dealt with before the relevant time— |
|
| | (a) | the amendments of sections 2 and 40 of the 2000 Act in Schedule 18 |
|
| | to this Act do not have effect for the purposes of determining whether |
|
| | the authority dealt with the request in accordance with Part 1 of the |
|
| | |
| | (b) | the powers of the Commissioner and the Tribunal, on an application or |
|
| | appeal under the 2000 Act, do not include power to require the |
|
| | authority to take steps which it would not be required to take in order |
|
| | to comply with Part 1 of the 2000 Act as amended by Schedule 18 to |
|
| | |
| | |
| | “public authority” has the same meaning as in the 2000 Act; |
|
| | “the relevant time” means the time when the amendments of sections 2 |
|
| | and 40 of the 2000 Act in Schedule 18 to this Act come into force. |
|
| | 53 (1) | Tribunal Procedure Rules made under paragraph 7(1)(b) of Schedule 6 to the |
|
| | 1998 Act (appeal rights under the 2000 Act) and in force immediately before |
|
| | the relevant time have effect after that time as if they were also made under |
|
| | section 61 of the 2000 Act (as inserted by Schedule 18 to this Act). |
|
| | (2) | In this paragraph, “the relevant time” means the time when the repeal of |
|
| | paragraph 7(1)(b) of Schedule 6 to the 1998 Act comes into force. |
|
| | 54 (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 before that |
|
| | time in relation to an appeal under the 2000 Act. |
|
| | (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. |
|
| | 55 (1) | The amendment of section 77 of the 2000 Act in Schedule 18 to this Act |
|
| | (offence of altering etc record with intent to prevent disclosure: omission of |
|
| | reference to section 7 of the 1998 Act) does not affect the application of that |
|
| | section after the relevant time in relation to a case in which— |
|
| | (a) | the request for information mentioned in section 77(1) of the 2000 Act |
|
| | was made before the relevant time, and |
|
| | (b) | when the request was made, section 77(1)(b) of the 2000 Act was |
|
| | satisfied by virtue of section 7 of the 1998 Act. |
|
|
|
| |
| |
|
| | (2) | In this paragraph, “the relevant time” means the time when the repeal of |
|
| | section 7 of the 1998 Act comes into force. |
|
| | Freedom of Information (Scotland) Act 2002 |
|
| | 56 (1) | This paragraph applies where a request for information was made to a Scottish |
|
| | public authority under the Freedom of Information (Scotland) Act 2002 (“the |
|
| | 2002 Act”) before the relevant time. |
|
| | (2) | To the extent that the request is dealt with after the relevant time, the |
|
| | amendments of the 2002 Act in Schedule 18 to this Act have effect for the |
|
| | purposes of determining whether the authority deals with the request in |
|
| | accordance with Part 1 of the 2002 Act. |
|
| | (3) | To the extent that the request was dealt with before the relevant time— |
|
| | (a) | the amendments of the 2002 Act in Schedule 18 to this Act do not have |
|
| | effect for the purposes of determining whether the authority dealt with |
|
| | the request in accordance with Part 1 of the 2002 Act, but |
|
| | (b) | the powers of the Scottish Information Commissioner and the Court of |
|
| | Session, on an application or appeal under the 2002 Act, do not include |
|
| | power to require the authority to take steps which it would not be |
|
| | required to take in order to comply with Part 1 of the 2002 Act as |
|
| | amended by Schedule 18 to this Act. |
|
| | |
| | “Scottish public authority” has the same meaning as in the 2002 Act; |
|
| | “the relevant time” means the time when the amendments of the 2002 Act |
|
| | in Schedule 18 to this Act come into force. |
|
| | Access to Health Records (Northern Ireland) Order 1993 (S.I. 1993/1250 (N.I. 4)) |
|
| | 57 | Until the first regulations under Article 5(4)(a) of the Access to Health Records |
|
| | (Northern Ireland) Order 1993 (as amended by Schedule 18 to this Act) come |
|
| | into force, the maximum amount of a fee that may be required for giving access |
|
| | under that Article is £10. |
|
| | Privacy and Electronic Communications (EC Directive) Regulations 2003 (S.I. 2003/ |
|
| | |
| | 58 (1) | The repeal of a provision of the 1998 Act does not affect its operation for the |
|
| | purposes of the Privacy and Electronic Communications (EC Directive) |
|
| | Regulations 2003 (“the PECR 2003”) (see regulations 2, 31 and 31B of, and |
|
| | Schedule 1 to, those Regulations). |
|
| | (2) | Where subordinate legislation made under a provision of the 1998 Act is in |
|
| | force immediately before the repeal of that provision, neither the revocation of |
|
| | the subordinate legislation nor the repeal of the provision of the 1998 Act |
|
| | affect the application of the subordinate legislation for the purposes of the |
|
| | PECR 2003 after that time. |
|
| | (3) | Part 3 of Schedule 18 to this Act (modifications) does not have effect in |
|
| | relation to the PECR 2003. |
|
| | (4) | Part 7 of this Schedule does not have effect in relation to the provisions of the |
|
| | 1998 Act as applied by the PECR 2003. |
|
| | Health and Personal Social Services (Quality, Improvement and Regulation) (Northern |
|
| | Ireland) Order 2003 (S.I. 2003/431 (N.I. 9)) |
|
| | 59 | Part 3 of Schedule 18 to this Act (modifications) does not have effect in |
|
| | relation to the reference to an accessible record within the meaning of section |
|
|
|
| |
| |
|
| | 68 of the 1998 Act in regulation 43 of the Health and Personal Social Services |
|
| | (Quality, Improvement and Regulation) (Northern Ireland) Order 2003. |
|
| | Environmental Information Regulations 2004 (S.I. 2004/3391) |
|
| | 60 (1) | This paragraph applies where a request for information was made to a public |
|
| | authority under the Environmental Information Regulations 2004 (“the 2004 |
|
| | Regulations”) before the relevant time. |
|
| | (2) | To the extent that the request is dealt with after the relevant time, the |
|
| | amendments of the 2004 Regulations in Schedule 18 to this Act have effect for |
|
| | the purposes of determining whether the authority deals with the request in |
|
| | accordance with Parts 2 and 3 of those Regulations. |
|
| | (3) | To the extent that the request was dealt with before the relevant time— |
|
| | (a) | the amendments of the 2004 Regulations in Schedule 18 to this Act do |
|
| | not have effect for the purposes of determining whether the authority |
|
| | dealt with the request in accordance with Parts 2 and 3 of those |
|
| | |
| | (b) | the powers of the Commissioner and the Tribunal, on an application or |
|
| | appeal under the 2000 Act (as applied by the 2004 Regulations), do not |
|
| | include power to require the authority to take steps which it would not |
|
| | be required to take in order to comply with Parts 2 and 3 of those |
|
| | Regulations as amended by Schedule 18 to this Act. |
|
| | |
| | “public authority” has the same meaning as in the 2004 Regulations; |
|
| | “the relevant time” means the time when the amendments of the 2004 |
|
| | Regulations in Schedule 18 to this Act come into force. |
|
| | Environmental Information (Scotland) Regulations 2004 (S.S.I. 2004/520) |
|
| | 61 (1) | This paragraph applies where a request for information was made to a Scottish |
|
| | public authority under the Environmental Information (Scotland) Regulations |
|
| | 2004 (“the 2004 Regulations”) before the relevant time. |
|
| | (2) | To the extent that the request is dealt with after the relevant time, the |
|
| | amendments of the 2004 Regulations in Schedule 18 to this Act have effect for |
|
| | the purposes of determining whether the authority deals with the request in |
|
| | accordance with those Regulations. |
|
| | (3) | To the extent that the request was dealt with before the relevant time— |
|
| | (a) | the amendments of the 2004 Regulations in Schedule 18 to this Act do |
|
| | not have effect for the purposes of determining whether the authority |
|
| | dealt with the request in accordance with those Regulations, but |
|
| | (b) | the powers of the Scottish Information Commissioner and the Court of |
|
| | Session, on an application or appeal under the 2002 Act (as applied by |
|
| | the 2004 Regulations), do not include power to require the authority to |
|
| | take steps which it would not be required to take in order to comply |
|
| | with those Regulations as amended by Schedule 18 to this Act. |
|
| | |
| | “Scottish public authority” has the same meaning as in the 2004 |
|
| | |
| | “the relevant time” means the time when the amendments of the 2004 |
|
| | Regulations in Schedule 18 to this Act come into force.” |
|
| | Member’s explanatory statement
|
|
| | This amendment inserts a Schedule making transitional, transitory and saving provision in |
|
| | connection with the coming into force of the Bill, including provision about subject access requests |
|
|
|
| |
| |
|
| | (see Part 2 of the Schedule) and about the Information Commissioner’s enforcement powers (see |
|
| | Parts 7 and 8 of the Schedule). |
|
| |
| |
| |
| |
| |
| | |
| | To move the following Schedule— |
|
| | “Bill of Data Rights in the Digital Environment |
|
| | | The UK recognises the following Data Rights: |
|
| | Article 1 —Equality of Treatment |
|
| | | Every data subject has the right to fair and equal treatment in the processing of |
|
| | his or her personal data. |
|
| | |
| | | Every data subject has the right to security and protection of their personal data |
|
| | |
| | | Access requests by government must be for the purpose of combating serious |
|
| | crime and subject to independent authorisation. |
|
| | Article 3 — Free Expression |
|
| | | Every data subject has the right to deploy his or her personal data in pursuit of |
|
| | their fundamental rights to freedom of expression, thought and conscience. |
|
| | Article 4 — Equality of Access |
|
| | | Every data subject has the right to access and participate in the digital |
|
| | environment on equal terms. |
|
| | | Internet access should be open. |
|
| | |
| | | Every data subject has the right to respect for their personal data and |
|
| | information systems and as part of his or her fundamental right to private and |
|
| | family life, home and communications. |
|
| | |
| | |
| | | Every data subject has the right to own and control his or her personal data. |
|
| | | Every data subject is entitled to proportionate share of income or other benefit |
|
| | derived from his or her personal data as part of the right to own. |
|
|
|
| |
| |
|
| | |
| | | Every data subject is entitled to know the purpose for which personal data is |
|
| | being processed. Data controllers should not deliberately extend the gathering |
|
| | of personal data solely for their own purposes. Government, corporations, |
|
| | public authorities and other data controllers must obtain meaningful consent |
|
| | for the use of people’s personal data. Every data subject has the right to own |
|
| | curate, move, revise or review their personal data. |
|
| | |
| | | Every data subject has the right to transparent and equal treatment in the |
|
| | processing of his or her personal data by an algorithm or automated system. |
|
| | | Every data subject is entitled to meaningful human control in making |
|
| | significant decisions – algorithms and automated systems must not be |
|
| | deployed to make significant decisions. |
|
| | |
| | | Every data subject has the right to deploy his or her personal data and |
|
| | information systems to communicate in pursuit of the fundamental right to |
|
| | |
| | |
| | | Every data subject has the right to safety and protection from harassment and |
|
| | other targeting through use of personal data whether sexual, social or |
|
| | |
| | |
| | | Every data subject is entitled to revise and remove their personal data. |
|
| | |
| | | Breach of any right in this Bill will entitle the data subject to fair and equitable |
|
| | compensation under existing enforcement provisions. If none apply, the Centre |
|
| | for Data Ethics will establish and administer a compensation scheme to ensure |
|
| | just remedy for any breaches. |
|
| | |
| | | The application of these rights to a person less than 18 years of age must be |
|
| | read in conjunction with the rights set out in the United Nations Convention on |
|
| | the Rights of the Child. Where an information society service processes data |
|
| | of persons less than 18 years of age it must do so under the age appropriate |
|
| | design code set out in section 123 of this Act.” |
|
| |
| |
| |
| | |
|
| Schedule 1, page 132, line 42, leave out paragraph 22 |
|
|
|
| |
| |
|
| |
| | |
| Schedule 1, page 134, line 11, at end insert — |
|
| | “( ) | a mayor for the area of a combined authority established under section |
|
| | 103 of the Local Democracy, Economic Development and |
|
| | |
| | Member’s explanatory statement
|
|
| | This amendment adds mayors of combined authorities in England to the list of elected |
|
| | representatives for the purposes of paragraphs 23 and 24 of Schedule 1, which authorise certain |
|
| | processing of special categories of personal data by such representatives. |
|
| |
| | |
| Schedule 1, page 134, line 19, at end insert — |
|
| | “( ) | a police and crime commissioner.” |
|
| | Member’s explanatory statement
|
|
| | This amendment adds police and crime commissioners established under section 1 of the Police |
|
| | Reform and Social Responsibility Act 2011 to the list of elected representatives for the purposes of |
|
| | paragraphs 23 and 24 of Schedule 1, which authorise certain processing of special categories of |
|
| | personal data by such representatives. |
|
| |
| |
| | |
| Schedule 2, page 140, line 15, at end insert— |
|
| | “(1A) | The exemption in sub-paragraph (1) may not be invoked in relation to offences |
|
| | |
| | (a) | sections 24, 24A, 24B or 24C of the Immigration Act 1971, |
|
| | (b) | section 21 of the Immigration, Asylum and Nationality Act 2006, or |
|
| | (c) | sections 33A and 33B of the Immigration Act 2014.” |
|
| |
| |
| |
| |
| |
| Layla Moran | Tim Farron | Christine Jardine | Caroline Lucas | Jamie Stone | Jo Swinson | Tom Brake | Stephen Lloyd | Wera Hobhouse | Mr Alistair Carmichael | Stuart C. McDonald | Dr Paul Williams |
|
| | |
| Schedule 2, page 141, line 17, leave out paragraph 4 |
|
| |
| | |
| Schedule 2, page 141, line 39, leave out from “(vi)” to end of line 44 |
|
| | Member’s explanatory statement
|
|
| | Paragraph 4(2) of Schedule 2 lists provisions of the GDPR which do not apply to the extent that |
|
| | their application would be likely to prejudice certain matters relating to immigration. This |
|
| | amendment removes Articles 5(1)(a) and (b) from the list (except so far as they correspond to |
|
|