1

House of Commons

Notices of Amendments

given up to and including

Monday 26 March 2018

New Amendments handed in are marked thus

Amendments which will comply with the required notice period at their next appearance

Amendments tabled since the last publication: 1 and NC1 to NC2

Consideration of Bill (Report Stage)

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withdrawn amendments at the end.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 the

order in which they relate to the Bill.

Frank Field

NC1

To move the following Clause—

“Social security benefits: disclosure of personal data

(1)    

The Secretary of State shall authorise the disclosure of personal data specified

under subsection (2) to a person or body on a register maintained under

subsection (3).

(2)    

Personal data under this section shall be data relating to a new or existing claim

by an individual to one or more of the following benefits—

(a)    

Income Support,

(b)    

income-based Jobseeker’s Allowance,

(c)    

income-related Employment and Support Allowance,

(d)    

support under Part VI of the Immigration and Asylum Act 1999,

(e)    

the guaranteed element of Pension Credit,

(f)    

Child Tax Credit,

Notices of Amendments: 26 March 2018                  

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Data Protection Bill-[Lords], continued

(g)    

Working Tax Credit and Working Tax Credit run-on,

(h)    

Universal Credit,

(i)    

Disability Living Allowance,

(j)    

Personal independence payment, and

(k)    

any other benefit or credit which may be designated by regulations made

by the Secretary of State.

(3)    

The Secretary of State shall, by regulations—

(a)    

provide for the establishment of a register of persons or bodies to whom

personal data may be disclosed under this section, and

(b)    

specify who those persons or bodies shall be.

(4)    

Personal data may be disclosed under this section without the claimant having to

provide explicit consent for such disclosure.

(5)    

Regulations under this section shall be made by statutory instrument and may not

be made unless a draft of the instrument has been laid before, and approved by a

resolution of, each House of Parliament.”

Member’s explanatory statement

This new clause would require the Secretary of State to disclose data on individuals’ eligibility for

benefits, as well as the management of their claim, to registered third parties (which would be

other specified public bodies, including local authorities, and third sector bodies, including advice

agencies). Disclosure would not need the individual’s consent.

Frank Field

NC2

To move the following Clause—

“Eligibility for benefits: duty to share data

(1)    

It shall be a legal obligation within the meaning of point 1(c) of Article 6 of the

GDPR for the Secretary of State to share with a local authority, on request by that

local authority, data relating to eligibility of individuals for social security

benefits.

(2)    

The social security benefits for which data on eligibility of individuals shall be

shared under subsection (1) are—

(a)    

Income Support,

(b)    

income-based Jobseeker’s Allowance,

(c)    

income-related Employment and Support Allowance,

(d)    

support under Part VI of the Immigration and Asylum Act 1999,

(e)    

the guaranteed element of Pension Credit,

(f)    

Child Tax Credit,

(g)    

Working Tax Credit and Working Tax Credit run-on,

(h)    

Universal Credit,

(i)    

Disability Living Allowance,

(j)    

Personal independence payment, and

(k)    

any other benefit or credit which may be designated by regulations made

by the Secretary of State.

(3)    

The obligation under subsection (1) shall apply only in relation to a person who

qualifies for one or more of the benefits listed under subsection (2).

Notices of Amendments: 26 March 2018                  

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Data Protection Bill-[Lords], continued

(4)    

A local authority may use data shared under subsection (1) only for—

(a)    

the purpose of registering a child as being eligible for free school meals,

and notifying the person responsible for care of the child that the child

has been registered,

(b)    

the purpose of registering a child or any other person as being eligible for

Healthy Start vouchers, and notifying the person registered or notifying

the person responsible for care of the child that the child has been

registered,

(c)    

the purpose of registering a child for free early years education and

childcare, and notifying the person responsible for care of the child that

the child has been registered, or

(d)    

any other purpose which may be designated by regulations made by the

Secretary of State.

(5)    

Regulations under this section shall be made by statutory instrument and may not

be made unless a draft of the instrument has been laid before, and approved by a

resolution of, each House of Parliament.”

Frank Field

1

Schedule  1,  page  123,  line  16,  at end insert—

““obligations” includes any requirement which may be placed upon the

Secretary of State to supply to local authorities data relating to individual

eligibility for benefits, thereby enabling local authorities automatically to

register all eligible children for free school meals, Healthy Start

vouchers, free early years education and childcare, or any other purpose

designated by the Secretary of State.”

Order of the House [5 March 2018]

That the following provisions shall apply to the Data Protection Bill [Lords]:

Committal

1.    

The Bill shall be committed to a Public Bill Committee.

Proceedings in Public Bill Committee

2.    

Proceedings in the Public Bill Committee shall (so far as not previously

concluded) be brought to a conclusion on Tuesday 27 March 2018.

3.    

The Public Bill Committee shall have leave to sit twice on the first day on

which it meets.

Proceedings on Consideration and up to and including Third Reading

4.    

Proceedings on Consideration and proceedings in legislative grand

committee shall (so far as not previously concluded) be brought to a

conclusion one hour before the moment of interruption on the day on which

proceedings on Consideration are commenced.

5.    

Proceedings on Third Reading shall (so far as not previously concluded) be

brought to a conclusion at the moment of interruption on that day.

Notices of Amendments: 26 March 2018                  

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Data Protection Bill-[Lords], continued

6.    

Standing Order No. 83B (Programming committees) shall not apply to

proceedings on Consideration and up to and including Third Reading.

Other proceedings

7.    

Any other proceedings on the Bill may be programmed.