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Session 2017-19
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Other Bills before Parliament


 
 

1

 

House of Commons

 
 

Notices of Amendments

 

given up to and including

 

Thursday 26 April 2018

 

New Amendments handed in are marked thus Parliamentary Star

 

Parliamentary Star - whiteAmendments which will comply with the required notice period at their next appearance

 

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withdrawn amendments at the end.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.

 

 


 

Secretary Matt Hancock

 

NC13

 

Parliamentary Star - white    

To move the following Clause—

 

         

“Information orders

 

(1)    

This section applies if, on an application by the Commissioner, a court is satisfied

 

that a person has failed to comply with a requirement of an information notice.

 

(2)    

The court may make an order requiring the person to provide to the

 

Commissioner some or all of the following—

 

(a)    

information referred to in the information notice;

 

(b)    

other information which the court is satisfied the Commissioner requires,

 

having regard to the statement included in the notice in accordance with

 

section 141(2)(b).

 

(3)    

The order—

 

(a)    

may specify the form in which the information must be provided,

 

(b)    

must specify the time at which, or the period within which, the

 

information must be provided, and


 
 

Notices of Amendments: 26 April 2018                  

2

 

Data Protection Bill-[Lords], continued

 
 

(c)    

may specify the place where the information must be provided.”

 

Member’s explanatory statement

 

This new clause would be inserted after Clause 143. It provides that, where a person has failed to

 

comply with an information notice (given under Clause 141), the Information Commissioner may

 

seek a court order requiring the person to provide the information referred to in the notice or other

 

information which the Commissioner requires for a reason specified in the notice. See also

 

Amendments 57, 58 and 60.

 


 

Secretary Matt Hancock

 

NC14

 

Parliamentary Star - white    

To move the following Clause—

 

         

“Destroying or falsifying information and documents etc

 

(1)    

This section applies where a person—

 

(a)    

has been given an information notice requiring the person to provide the

 

Commissioner with information, or

 

(b)    

has been given an assessment notice requiring the person to direct the

 

Commissioner to a document, equipment or other material or to assist the

 

Commissioner to view information.

 

(2)    

It is an offence for the person—

 

(a)    

to destroy or otherwise dispose of, conceal, block or (where relevant)

 

falsify all or part of the information, document, equipment or material, or

 

(b)    

to cause or permit the destruction, disposal, concealment, blocking or

 

(where relevant) falsification of all or part of the information, document,

 

equipment or material,

 

    

with the intention of preventing the Commissioner from viewing, or being

 

provided with or directed to, all or part of the information, document, equipment

 

or material.

 

(3)    

It is a defence for a person charged with an offence under subsection (2) to prove

 

that the destruction, disposal, concealment, blocking or falsification would have

 

occurred in the absence of the person being given the notice.”

 

Member’s explanatory statement

 

This new clause would be inserted after Clause 145. It provides that, where the Information

 

Commissioner has given an information notice (see Clause 141) or an assessment notice (see

 

Clause 144) requiring access to information, a document, equipment or material, it is an offence

 

to destroy or otherwise dispose of, conceal, block or (where relevant) falsify it.

 


 

Secretary Matt Hancock

 

NC15

 

Parliamentary Star - white    

To move the following Clause—

 

         

“Applications in respect of urgent notices

 

(1)    

This section applies where an information notice, an assessment notice or an

 

enforcement notice given to a person contains an urgency statement.


 
 

Notices of Amendments: 26 April 2018                  

3

 

Data Protection Bill-[Lords], continued

 
 

(2)    

The person may apply to the court for either or both of the following—

 

(a)    

the disapplication of the urgency statement in relation to some or all of

 

the requirements of the notice;

 

(b)    

a change to the time at which, or the period within which, a requirement

 

of the notice must be complied with.

 

(3)    

On an application under subsection (2), the court may do any of the following—

 

(a)    

direct that the notice is to have effect as if it did not contain the urgency

 

statement;

 

(b)    

direct that the inclusion of the urgency statement is not to have effect in

 

relation to a requirement of the notice;

 

(c)    

vary the notice by changing the time at which, or the period within which,

 

a requirement of the notice must be complied with;

 

(d)    

vary the notice by making other changes required to give effect to a

 

direction under paragraph (a) or (b) or in consequence of a variation

 

under paragraph (c).

 

(4)    

The decision of the court on an application under this section is final.

 

(5)    

In this section, “urgency statement” means—

 

(a)    

in relation to an information notice, a statement under section 141(7)(a),

 

(b)    

in relation to an assessment notice, a statement under section 144(8)(a) or

 

(8A)(d), and

 

(c)    

in relation to an enforcement notice, a statement under section

 

147(8)(a).”

 

Member’s explanatory statement

 

This new clause would be inserted after Clause 160. It enables a person who is given an

 

information notice, assessment notice or enforcement which requires the person to comply with it

 

urgently to apply to the court for variation of the timetable for compliance. It replaces the

 

provision in Clauses 159(2) and 160(5) for appeals to the Tribunal. See also Amendments 54, 56

 

and 60.

 


 

Secretary Matt Hancock

 

NC16

 

Parliamentary Star - white    

To move the following Clause—

 

         

“Post-review powers to make provision about representation of data subjects

 

(1)    

After the report under section 182(1) is laid before Parliament, the Secretary of

 

State may by regulations—

 

(a)    

exercise the powers under Article 80(2) of the GDPR in relation to

 

England and Wales and Northern Ireland,

 

(b)    

make provision enabling a body or other organisation which meets the

 

conditions in Article 80(1) of the GDPR to exercise a data subject’s rights

 

under Article 82 of the GDPR in England and Wales and Northern

 

Ireland without being authorised to do so by the data subject, and

 

(c)    

make provision described in section 182(2)(e) in relation to the exercise

 

in England and Wales and Northern Ireland of the rights of a data subject

 

who is a child.

 

(2)    

The powers under subsection (1) include power—

 

(a)    

to make provision enabling a data subject to prevent a body or other

 

organisation from exercising, or continuing to exercise, the data subject’s

 

rights;


 
 

Notices of Amendments: 26 April 2018                  

4

 

Data Protection Bill-[Lords], continued

 
 

(b)    

to make provision about proceedings before a court or tribunal where a

 

body or organisation exercises a data subject’s rights,

 

(c)    

to make provision for bodies or other organisations to bring proceedings

 

before a court or tribunal combining two or more claims in respect of a

 

right of a data subject;

 

(d)    

to confer functions on a person, including functions involving the

 

exercise of a discretion;

 

(e)    

to amend sections 162 to 164, 173, 180, 194, 196 and 197;

 

(f)    

to insert new sections and Schedules into Part 6 or 7;

 

(g)    

to make different provision in relation to England and Wales and in

 

relation to Northern Ireland.

 

(3)    

The powers under subsection (1)(a) and (b) include power to make provision in

 

relation to data subjects who are children or data subjects who are not children or

 

both.

 

(4)    

The provision mentioned in subsection (2)(b) and (c) includes provision about—

 

(a)    

the effect of judgments and orders;

 

(b)    

agreements to settle claims;

 

(c)    

the assessment of the amount of compensation;

 

(d)    

the persons to whom compensation may or must be paid, including

 

compensation not claimed by the data subject;

 

(e)    

costs.

 

(5)    

Regulations under this section are subject to the affirmative resolution

 

procedure.”

 

Member’s explanatory statement

 

This new clause would be inserted after Clause 182. It contains the provisions currently in

 

subsections (4) to (7) of Clause 182, modified to take account of the changes made to that Clause

 

by Amendments 61 and 62 (see subsections (1)(c) and (3) of this new Clause).

 


 

Secretary Matt Hancock

 

NC17

 

Parliamentary Star - white    

To move the following Clause—

 

         

“Reserve forces: data-sharing by HMRC

 

(1)    

The Reserve Forces Act 1996 is amended as follows.

 

(2)    

After section 125 insert—

 

“125A

Supply of contact details by HMRC

 

(1)    

This subsection applies to contact details for—

 

(a)    

a member of an ex-regular reserve force, or

 

(b)    

a person to whom section 66 (officers and former servicemen

 

liable to recall) applies,

 

    

which are held by HMRC in connection with a function of HMRC.

 

(2)    

HMRC may supply contact details to which subsection (1) applies to the

 

Secretary of State for the purpose of enabling the Secretary of State—

 

(a)    

to contact a member of an ex-regular reserve force in connection

 

with the person’s liability, or potential liability, to be called out

 

for service under Part 6;


 
 

Notices of Amendments: 26 April 2018                  

5

 

Data Protection Bill-[Lords], continued

 
 

(b)    

to contact a person to whom section 66 applies in connection

 

with the person’s liability, or potential liability, to be recalled for

 

service under Part 7.

 

(3)    

Where a person’s contact details are supplied under subsection (2) for a

 

purpose described in that subsection, they may also be used for defence

 

purposes connected with the person’s service (whether past, present or

 

future) in the reserve forces or regular services.

 

(4)    

In this section, “HMRC” means Her Majesty’s Revenue and Customs.

 

125B  

Prohibition on disclosure of contact details supplied under section

 

125A

 

(1)    

A person who receives information supplied under section 125A may not

 

disclose it except with the consent of the Commissioners for Her

 

Majesty’s Revenue and Customs (which may be general or specific).

 

(2)    

A person who contravenes subsection (1) is guilty of an offence.

 

(3)    

It is a defence for a person charged with an offence under this section to

 

prove that the person reasonably believed—

 

(a)    

that the disclosure was lawful, or

 

(b)    

that the information had already lawfully been made available to

 

the public.

 

(4)    

Subsections (4) to (7) of section 19 of the Commissioners for Revenue

 

and Customs Act 2005 apply to an offence under this section as they

 

apply to an offence under that section.

 

(5)    

Nothing in section 107 or 108 (institution of proceedings and evidence)

 

applies in relation to an offence under this section.

 

125C  

Data protection

 

(1)    

Nothing in section 125A or 125B authorises the making of a disclosure

 

which contravenes the data protection legislation.

 

(2)    

In this section, “the data protection legislation” has the same meaning as

 

in the Data Protection Act 2018 (see section 3 of that Act).”

 

Member’s explanatory statement

 

This new clause would be inserted after Clause 186. It provides for HMRC to supply the Secretary

 

of State with the contact details of members of the ex-regular reserve force and former members

 

of the armed forces so that they may be contacted regarding their liability to be called out or

 

recalled for service under the Reserved Forces Act 1996. The details supplied may also be used

 

for defence purposes connected with their service in the forces (whether past, present or future).

 

It is an offence for the details supplied to be disclosed without the consent of the Commissioners

 

for Revenue and Customs.

 



 
 

Notices of Amendments: 26 April 2018                  

6

 

Data Protection Bill-[Lords], continued

 
 

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,

 

(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.


 
 

Notices of Amendments: 26 April 2018                  

7

 

Data Protection Bill-[Lords], continued

 
 

(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—

 

(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.

 



 
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Revised 26 April 2018