1

House of Commons

Notices of Amendments

given up to and including

Tuesday 24 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: 17 to 19 and NC7 to NC11

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withdrawn amendments at the end.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: 24 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).

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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.

Christine Jardine

NC7

To move the following Clause—

“Publishers of news-related material: damages and costs

(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 not 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, or

(b)    

it is just and equitable in all the circumstances of the case to award costs

against the defendant.

(3)    

If the defendant 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

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Data Protection Bill-[Lords], continued

(b)    

it is just and equitable in all the circumstances of the case 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.”

Christine Jardine

NC8

To move the following Clause—

“Publishers of news-related material: interpretive provisions

(1)    

This section applies for the purposes of section [Publishers of news-related

material: damages and costs]

(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.

(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,

(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.”

Notices of Amendments: 24 April 2018                  

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Data Protection Bill-[Lords], continued

Christine Jardine

NC9

To move the following Clause—

“Inquiry into issues arising from data protection breaches committed by or on

behalf of news publishers

(1)    

The Secretary of State must, within the period of three months beginning on 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, news

publishers.

(2)    

The inquiry’s terms of reference must include, but are not limited to,—

(a)    

to inquire, in respect of personal data processing, into the extent of

unlawful or improper conduct within news publishers and, as

appropriate, other organisations within the media, and by those

responsible for holding personal data;

(b)    

to inquire, in respect of personal data processing, into the extent of

corporate governance and management failures at news publishers;

(c)    

in the light of these inquiries, to consider the implications for personal

data protection in relation to freedom of speech; and

(d)    

to make recommendations on what action, if any, should be taken in the

public interest.”

Christine Jardine

NC10

To move the following Clause—

“Automated decision-making concerning a child

(1)    

Where a data controller expects to take a significant decision based solely on

automated processing which may concern a child, the controller must, before

such processing is undertaken—

(a)    

deposit a data protection impact assessment with the Commissioner, and

(b)    

consult the Commissioner (within the meaning of Article 36 of the

GDPR), regardless of measures taken by the controller to mitigate any

risk.

(2)    

Where, following prior consultation, the Commissioner does not choose to

prevent processing on the basis of Article 58(2)(f) of the GDPR, the

Commissioner must publish the part or parts of the data protection impact

assessment provided under subsection (1), relevant to the reaching of that

decision.

(3)    

The Commissioner must produce and publish a list of safeguards to be applied by

data controllers where any significant decision based solely on automated

processing may concern a child.

(4)    

For the purposes of this section, the meaning of “child” is determined by the age

of lawful processing under Article 8 of the GDPR and section 8 of this Act.”