1

House of Commons

Notices of Amendments

given up to and including

Tuesday 17 April 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: 14

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withdrawn amendments at the end.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: 17 April 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).

(4)    

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

Notices of Amendments: 17 April 2018                  

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Data Protection Bill-[Lords], continued

(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.”

Brendan O’Hara

Stuart C. McDonald

4

Clause  10,  page  6,  line  37,  leave out subsections (6) and (7)

Member’s explanatory statement

This amendment would remove delegated powers that would allow the Secretary of State to vary

the conditions and safeguards governing the general processing of sensitive personal data.

Brendan O’Hara

Stuart C. McDonald

5

Clause  14,  page  8,  line  11,  at end insert—

“(2A)    

A decision that engages an individual’s rights under the Human Rights Act 1998

does not fall within Article 22(2)(b) of the GDPR (exception from prohibition on

taking significant decisions based solely on automated processing for decisions

that are authorised by law and subject to safeguards for the data subject’s rights,

freedoms and legitimate interests).

(2B)    

A decision is “based solely on automated processing” for the purposes of this

section if, in relation to a data subject, there is no meaningful input by a natural

person in the decision-making process.”

Member’s explanatory statement

This amendment would ensure that where human rights are engaged by automated decisions these

are human decisions and provides clarification that purely administrative human approval of an

automated decision does make an automated decision a ‘human’ one.

Notices of Amendments: 17 April 2018                  

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Data Protection Bill-[Lords], continued

Brendan O’Hara

Stuart C. McDonald

6

Page  9,  line  36,  leave out Clause 16

Member’s explanatory statement

This amendment would remove delegated powers that would allow the Secretary of State to add

further exemptions.

Brendan O’Hara

Stuart C. McDonald

7

Clause  35,  page  22,  line  14,  leave out subsections (6) and (7)

Member’s explanatory statement

This amendment would remove delegated powers that would allow the Secretary of State to vary

the conditions and safeguards governing the general processing of sensitive personal data.

Brendan O’Hara

Stuart C. McDonald

2

Clause  50,  page  30,  line  28,  at end insert—

“and

(c)    

it does not engage the rights of the data subject under the Human Rights

Act 1998.”

Member’s explanatory statement

This amendment would ensure that automated decisions should not be authorised by law if they

engage an individual’s human rights.

Brendan O’Hara

Stuart C. McDonald

8

Clause  86,  page  51,  line  21,  leave out subsections (3) and (4)

Member’s explanatory statement

This amendment would remove delegated powers that would allow the Secretary of State to vary

the conditions and safeguards governing the general processing of sensitive personal data.

Notices of Amendments: 17 April 2018                  

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Data Protection Bill-[Lords], continued

Brendan O’Hara

Stuart C. McDonald

3

Clause  96,  page  56,  line  38,  after “law” insert “unless the decision engages an

individual’s rights under the Human Rights Act 1998”

Member’s explanatory statement

This amendment would ensure that automated decisions should not be authorised by law if they

engage an individual’s human rights.

Brendan O’Hara

Stuart C. McDonald

9

Page  63,  line  27,  leave out Clause 113

Member’s explanatory statement

This amendment would remove delegated powers that would allow the Secretary of State to create

new exemptions to Part 4 of the Bill.

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.”

Brendan O’Hara

Stuart C. McDonald

10

Schedule  2,  page  152,  line  24,  leave out paragraph 19 and insert—

“19      

The listed GDPR provisions do not apply to personal data that consists of

information which is protected by legal professional privilege or the duty of

confidentiality.”

Member’s explanatory statement

This amendment would ensure that both legal professional privilege and confidentiality are

recognised within the legislation.

Notices of Amendments: 17 April 2018                  

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Data Protection Bill-[Lords], continued

Julie Elliott

14

Schedule  2,  page  156,  line  4,  at end insert—

“(d)    

any code which is adopted by an approved regulator as defined by section

42(2) of the Crime and Courts Act 2013.”

Member’s explanatory statement

This amendment would give the Standards Code of an approved press regulator the same status as

the other journalism codes recognised in the Bill (The BBC and Ofcom Codes, and the Editors’

Code observed by members of IPSO).

Brendan O’Hara

Stuart C. McDonald

11

Schedule  11,  page  196,  line  39,  leave out paragraph 9 and insert—

“9         

The listed provisions do not apply to personal data that consists of information

which is protected by legal professional privilege or the duty of

confidentiality.”

Member’s explanatory statement

This amendment would ensure that both legal professional privilege and confidentiality are

recognised within the legislation.

Brendan O’Hara

Stuart C. McDonald

12

Schedule  15,  page  208,  line  13,  leave out “with respect to obligations, liabilities or

rights under the data protection legislation”

Member’s explanatory statement

This amendment would ensure that both legal professional privilege and confidentiality are

recognised within the legislation.

Brendan O’Hara

Stuart C. McDonald

13

Schedule  15,  page  208,  line  21,  leave out from “proceedings” to the end of line 23.

Member’s explanatory statement

This amendment would ensure that both legal professional privilege and confidentiality are

recognised within the legislation.

Notices of Amendments: 17 April 2018                  

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Data Protection Bill-[Lords], continued

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.

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.