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SUPPLEMENT TO THE VOTES AND PROCEEDINGS

Wednesday 9 May 2018

Report Stage Proceedings

Data Protection Bill [Lords], As Amended

Glossary

This document shows the fate of each clause, schedule, amendment and new clause.

The following terms are used:

Agreed to: agreed without a vote.

Agreed to on division: agreed following a vote.

Negatived: rejected without a vote.

Negatived on division: rejected following a vote.

Not called: debated in a group of amendments, but not put to a decision.

Not moved: not debated or put to a decision.

Question proposed: debate underway but not concluded.

Withdrawn after debate: moved and debated but then withdrawn, so not put to a decision.

Not selected: not chosen for debate by the Speaker.

New Clauses, New Schedules and amendments relating to the processing

of personal data for the purposes of journalism

Secretary Matt Hancock

Added  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,

Report Stage Proceedings: 9 May 2018                  

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Data Protection Bill-[Lords], continued

(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

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.”

Secretary Matt Hancock

Added  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,

(ii)    

the Welsh Ministers, and

Report Stage Proceedings: 9 May 2018                  

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Data Protection Bill-[Lords], continued

(iii)    

the Executive Office in Northern Ireland.”

Secretary Matt Hancock

Added  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.”

Report Stage Proceedings: 9 May 2018                  

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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

Negatived on division  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;

Report Stage Proceedings: 9 May 2018                  

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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.”

Tom Watson

Liam Byrne

Christine Jardine

Not called  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.

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Data Protection Bill-[Lords], continued

(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

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.”

Tom Watson

Liam Byrne

Christine Jardine

Not called  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

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

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

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.

(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).

(8)    

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

(a)    

on a website,

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Data Protection Bill-[Lords], continued

(b)    

in hard copy, or

(c)    

by any other means,

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

(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.

(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

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

(b)    

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

last five complete financial years.”

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

Not called  (a)

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.”

Secretary Matt Hancock

Agreed to  146

Clause  124,  page  69,  line  21,  leave out “or 123” and insert “, 123 or (Data

protection and journalism code)”

Secretary Matt Hancock

Agreed to  147

Clause  124,  page  69,  line  32,  leave out “or 123” and insert “, 123 or (Data

protection and journalism code)”