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| given up to and including |
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| New Amendments handed in are marked thus  |
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| Amendments which will comply with the required notice period at their next appearance
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| Amendments tabled since the last publication: NC6 |
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| Data Protection Bill [Lords], As Amended
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| | This document includes all amendments tabled to date and includes any |
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| | withdrawn amendments at the end. The amendments have been arranged in the |
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| | order in which they relate to the Bill.
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| | To move the following Clause— |
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| | | “Social security benefits: disclosure of personal data |
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| | (1) | The Secretary of State shall authorise the disclosure of personal data specified |
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| | under subsection (2) to a person or body on a register maintained under |
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| | (2) | Personal data under this section shall be data relating to a new or existing claim |
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| | by an individual to one or more of the following benefits— |
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| | (b) | income-based Jobseeker’s Allowance, |
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| | (c) | income-related Employment and Support Allowance, |
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| | (d) | support under Part VI of the Immigration and Asylum Act 1999, |
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| | (e) | the guaranteed element of Pension Credit, |
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| | (g) | Working Tax Credit and Working Tax Credit run-on, |
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| | (i) | Disability Living Allowance, |
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| | (j) | Personal independence payment, and |
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| | (k) | any other benefit or credit which may be designated by regulations made |
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| | by the Secretary of State. |
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| | (3) | The Secretary of State shall, by regulations— |
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| | (a) | provide for the establishment of a register of persons or bodies to whom |
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| | personal data may be disclosed under this section, and |
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| | (b) | specify who those persons or bodies shall be. |
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| | (4) | Personal data may be disclosed under this section without the claimant having to |
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| | provide explicit consent for such disclosure. |
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| | (5) | Regulations under this section shall be made by statutory instrument and may not |
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| | be made unless a draft of the instrument has been laid before, and approved by a |
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| | resolution of, each House of Parliament.” |
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| | Member’s explanatory statement
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| | This new clause would require the Secretary of State to disclose data on individuals’ eligibility for |
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| | benefits, as well as the management of their claim, to registered third parties (which would be |
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| | other specified public bodies, including local authorities, and third sector bodies, including advice |
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| | agencies). Disclosure would not need the individual’s consent. |
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| | To move the following Clause— |
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| | | “Eligibility for benefits: duty to share data |
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| | (1) | It shall be a legal obligation within the meaning of point 1(c) of Article 6 of the |
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| | GDPR for the Secretary of State to share with a local authority, on request by that |
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| | local authority, data relating to eligibility of individuals for social security |
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| | (2) | The social security benefits for which data on eligibility of individuals shall be |
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| | shared under subsection (1) are— |
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| | (b) | income-based Jobseeker’s Allowance, |
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| | (c) | income-related Employment and Support Allowance, |
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| | (d) | support under Part VI of the Immigration and Asylum Act 1999, |
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| | (e) | the guaranteed element of Pension Credit, |
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| | (g) | Working Tax Credit and Working Tax Credit run-on, |
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| | (i) | Disability Living Allowance, |
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| | (j) | Personal independence payment, and |
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| | (k) | any other benefit or credit which may be designated by regulations made |
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| | by the Secretary of State. |
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| | (3) | The obligation under subsection (1) shall apply only in relation to a person who |
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| | qualifies for one or more of the benefits listed under subsection (2). |
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| | (4) | A local authority may use data shared under subsection (1) only for— |
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| | (a) | the purpose of registering a child as being eligible for free school meals, |
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| | and notifying the person responsible for care of the child that the child |
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| | (b) | the purpose of registering a child or any other person as being eligible for |
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| | Healthy Start vouchers, and notifying the person registered or notifying |
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| | the person responsible for care of the child that the child has been |
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| | (c) | the purpose of registering a child for free early years education and |
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| | childcare, and notifying the person responsible for care of the child that |
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| | the child has been registered, or |
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| | (d) | any other purpose which may be designated by regulations made by the |
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| | (5) | Regulations under this section shall be made by statutory instrument and may not |
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| | be made unless a draft of the instrument has been laid before, and approved by a |
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| | resolution of, each House of Parliament.” |
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| To move the following Clause— |
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| | | “Bill of Data Rights in the Digital Environment |
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| | Schedule [Bill of Data Rights in the Digital Environment] shall have effect.” |
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| | Member’s explanatory statement
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| | This new clause would introduce a Schedule containing a Bill of Data Rights in the Digital |
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| To move the following Clause— |
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| | | “Bill of Data Rights in the Digital Environment (No. 2) |
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| | (1) | The Secretary of State shall, by regulations, establish a Bill of Data Rights in the |
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| | (2) | Before making regulations under this section, the Secretary of State shall— |
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| | (iv) | persons who appear to the Commissioner or the Secretary of |
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| | State to represent the interests of data subjects; and |
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| | (b) | publish a draft of the Bill of Data Rights. |
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| | (3) | The Bill of Data Rights in the Digital Environment shall enshrine— |
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| | (a) | a right for a data subject to have privacy from commercial or personal |
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| | (b) | a right for a data subject to own, curate, move, revise or review their |
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| | identity as founded upon personal data (whether directly or as a result of |
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| | processing of that data), |
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| | (c) | a right for a data subject to have their access to their data profiles or |
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| | personal data protected, and |
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| | (d) | a right for a data subject to object to any decision made solely on |
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| | automated decision-making, including a decision relating to education |
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| | and employment of the data subject. |
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| | (4) | Regulations under this section are subject to the affirmative resolution |
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| | Member’s explanatory statement
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| | This new clause would empower the Secretary of State to introduce a Bill of Data Rights in the |
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| To move the following Clause— |
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| | | “Targeted dissemination disclosure notice for third parties and others (No. 2) |
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| | In Schedule 19B of the Political Parties, Elections and Referendums Act 2000 |
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| | (Power to require disclosure), after paragraph 10 (documents in electronic form) |
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| | “10A (1) | This paragraph applies to the following organisations and |
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| | (a) | a recognised third party (within the meaning of Part 6); |
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| | (b) | a permitted participant (within the meaning of Part 7); |
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| | (c) | a regulated donee (within the meaning of Schedule 7); |
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| | (d) | a regulated participant (within the meaning of Schedule 7A); |
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| | (e) | a candidate at an election (other than a local government |
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| | (f) | the election agent for such a candidate; |
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| | (g) | an organisation or individual formerly falling within any of |
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| | paragraphs (a) to (f); or |
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| | (h) | the treasurer, director, or another officer of an organisation to |
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| | which this paragraph applies, or has been at any time in the |
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| | period of five years ending with the day on which the notice |
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| | (2) | The Commission may under this paragraph issue at any time a targeted |
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| | dissemination disclosure notice, requiring disclosure of any settings |
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| | used to disseminate material which it believes were intended to have |
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| | the effect, or were likely to have the effect, of influencing public |
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| | opinion in any part of the United Kingdom, ahead of a specific election |
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| | or referendum, where the platform for dissemination allows for |
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| | targeting based on demographic or other information about |
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| | individuals, including information gathered by information society |
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| | (3) | This power shall not be available in respect of registered parties or |
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| | their officers, save where they separately and independently fall into |
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| | one or more of categories (a) to (h) of sub-paragraph (1). |
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| | (4) | A person or organisation to whom such a targeted dissemination |
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| | disclosure notice is given shall comply with it within such time as is |
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| | specified in the notice.”” |
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| | Member’s explanatory statement
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| | This new clause would amend the Political Parties, Elections and Referendums Act 2000 to allow |
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| | the Electoral Commission to require disclosure of settings used to disseminate material where the |
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| | platform for dissemination allows for targeting based on demographic or other information about |
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| Clause 10, page 6, line 37, leave out subsections (6) and (7) |
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| | Member’s explanatory statement
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| | This amendment would remove delegated powers that would allow the Secretary of State to vary |
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| | the conditions and safeguards governing the general processing of sensitive personal data. |
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| Clause 14, page 8, line 11, at end insert— |
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| | “(2A) | A decision that engages an individual’s rights under the Human Rights Act 1998 |
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| | does not fall within Article 22(2)(b) of the GDPR (exception from prohibition on |
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| | taking significant decisions based solely on automated processing for decisions |
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| | that are authorised by law and subject to safeguards for the data subject’s rights, |
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| | freedoms and legitimate interests). |
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| | (2B) | A decision is “based solely on automated processing” for the purposes of this |
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| | section if, in relation to a data subject, there is no meaningful input by a natural |
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| | person in the decision-making process.” |
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| | Member’s explanatory statement
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| | This amendment would ensure that where human rights are engaged by automated decisions these |
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| | are human decisions and provides clarification that purely administrative human approval of an |
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| | automated decision does make an automated decision a ‘human’ one. |
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| Page 9, line 36, leave out Clause 16 |
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| | Member’s explanatory statement
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| | This amendment would remove delegated powers that would allow the Secretary of State to add |
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| Clause 35, page 22, line 14, leave out subsections (6) and (7) |
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| | Member’s explanatory statement
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| | This amendment would remove delegated powers that would allow the Secretary of State to vary |
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| | the conditions and safeguards governing the general processing of sensitive personal data. |
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| Clause 50, page 30, line 28, at end insert— |
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| | (c) | it does not engage the rights of the data subject under the Human Rights |
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| | Member’s explanatory statement
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| | This amendment would ensure that automated decisions should not be authorised by law if they |
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| | engage an individual’s human rights. |
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| Clause 86, page 51, line 21, leave out subsections (3) and (4) |
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| | Member’s explanatory statement
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| | This amendment would remove delegated powers that would allow the Secretary of State to vary |
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| | the conditions and safeguards governing the general processing of sensitive personal data. |
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| Clause 96, page 56, line 38, after “law” insert “unless the decision engages an |
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| individual’s rights under the Human Rights Act 1998” |
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| | Member’s explanatory statement
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| | This amendment would ensure that automated decisions should not be authorised by law if they |
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| | engage an individual’s human rights. |
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| Page 63, line 27, leave out Clause 113 |
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| | Member’s explanatory statement
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| | This amendment would remove delegated powers that would allow the Secretary of State to create |
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| | new exemptions to Part 4 of the Bill. |
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| To move the following Schedule— |
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| | “Bill of Data Rights in the Digital Environment |
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| | | The UK recognises the following Data Rights: |
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| | Article 1 —Equality of Treatment |
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| | | Every data subject has the right to fair and equal treatment in the processing of |
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| | his or her personal data. |
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| | | Every data subject has the right to security and protection of their personal data |
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| | | Access requests by government must be for the purpose of combating serious |
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| | crime and subject to independent authorisation. |
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| | Article 3 — Free Expression |
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| | | Every data subject has the right to deploy his or her personal data in pursuit of |
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| | their fundamental rights to freedom of expression, thought and conscience. |
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| | Article 4 — Equality of Access |
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| | | Every data subject has the right to access and participate in the digital |
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| | environment on equal terms. |
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