1

House of Commons

Notices of Amendments

given up to and including

Thursday 19 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: NC6

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withdrawn amendments at the end.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,

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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).

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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.”

Tom Watson

Liam Byrne

Louise Haigh

Chris Elmore

NC3

To move the following Clause—

“Bill of Data Rights in the Digital Environment

Schedule [Bill of Data Rights in the Digital Environment] shall have effect.”

Member’s explanatory statement

This new clause would introduce a Schedule containing a Bill of Data Rights in the Digital

Environment.

Tom Watson

Liam Byrne

Louise Haigh

Chris Elmore

NC4

To move the following Clause—

“Bill of Data Rights in the Digital Environment (No. 2)

(1)    

The Secretary of State shall, by regulations, establish a Bill of Data Rights in the

Digital Environment.

(2)    

Before making regulations under this section, the Secretary of State shall—

(a)    

consult—

(i)    

the Commissioner,

(ii)    

trade associations,

(iii)    

data subjects, and

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Data Protection Bill-[Lords], continued

(iv)    

persons who appear to the Commissioner or the Secretary of

State to represent the interests of data subjects; and

(b)    

publish a draft of the Bill of Data Rights.

(3)    

The Bill of Data Rights in the Digital Environment shall enshrine—

(a)    

a right for a data subject to have privacy from commercial or personal

intrusion,

(b)    

a right for a data subject to own, curate, move, revise or review their

identity as founded upon personal data (whether directly or as a result of

processing of that data),

(c)    

a right for a data subject to have their access to their data profiles or

personal data protected, and

(d)    

a right for a data subject to object to any decision made solely on

automated decision-making, including a decision relating to education

and employment of the data subject.

(4)    

Regulations under this section are subject to the affirmative resolution

procedure.”

Member’s explanatory statement

This new clause would empower the Secretary of State to introduce a Bill of Data Rights in the

Digital Environment.

Tom Watson

Liam Byrne

Louise Haigh

Chris Elmore

NC6

To move the following Clause—

“Targeted dissemination disclosure notice for third parties and others (No. 2)

In Schedule 19B of the Political Parties, Elections and Referendums Act 2000

(Power to require disclosure), after paragraph 10 (documents in electronic form)

insert—

“10A (1)  

This paragraph applies to the following organisations and

individuals—

(a)    

a recognised third party (within the meaning of Part 6);

(b)    

a permitted participant (within the meaning of Part 7);

(c)    

a regulated donee (within the meaning of Schedule 7);

(d)    

a regulated participant (within the meaning of Schedule 7A);

(e)    

a candidate at an election (other than a local government

election in Scotland);

(f)    

the election agent for such a candidate;

(g)    

an organisation or individual formerly falling within any of

paragraphs (a) to (f); or

(h)    

the treasurer, director, or another officer of an organisation to

which this paragraph applies, or has been at any time in the

period of five years ending with the day on which the notice

is given.

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Data Protection Bill-[Lords], continued

      (2)  

The Commission may under this paragraph issue at any time a targeted

dissemination disclosure notice, requiring disclosure of any settings

used to disseminate material which it believes were intended to have

the effect, or were likely to have the effect, of influencing public

opinion in any part of the United Kingdom, ahead of a specific election

or referendum, where the platform for dissemination allows for

targeting based on demographic or other information about

individuals, including information gathered by information society

services.

      (3)  

This power shall not be available in respect of registered parties or

their officers, save where they separately and independently fall into

one or more of categories (a) to (h) of sub-paragraph (1).

      (4)  

A person or organisation to whom such a targeted dissemination

disclosure notice is given shall comply with it within such time as is

specified in the notice.””

Member’s explanatory statement

This new clause would amend the Political Parties, Elections and Referendums Act 2000 to allow

the Electoral Commission to require disclosure of settings used to disseminate material where the

platform for dissemination allows for targeting based on demographic or other information about

individuals.

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

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Data Protection Bill-[Lords], continued

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

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

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.

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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.

Tom Watson

Liam Byrne

Louise Haigh

Chris Elmore

NS1

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.

Article 2 — Security

Every data subject has the right to security and protection of their personal data

and information systems.

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.