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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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| 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| | withdrawn amendments at the end.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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| | (1) | This section applies if, on an application by the Commissioner, a court is satisfied |
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| | that a person has failed to comply with a requirement of an information notice. |
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| | (2) | The court may make an order requiring the person to provide to the |
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| | Commissioner some or all of the following— |
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| | (a) | information referred to in the information notice; |
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| | (b) | other information which the court is satisfied the Commissioner requires, |
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| | having regard to the statement included in the notice in accordance with |
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| | (a) | may specify the form in which the information must be provided, |
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| | (b) | must specify the time at which, or the period within which, the |
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| | information must be provided, and |
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| | (c) | may specify the place where the information must be provided.” |
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| | Member’s explanatory statement
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| | This new clause would be inserted after Clause 143. It provides that, where a person has failed to |
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| | comply with an information notice (given under Clause 141), the Information Commissioner may |
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| | seek a court order requiring the person to provide the information referred to in the notice or other |
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| | information which the Commissioner requires for a reason specified in the notice. See also |
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| | Amendments 57, 58 and 60. |
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| | To move the following Clause— |
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| | | “Destroying or falsifying information and documents etc |
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| | (1) | This section applies where a person— |
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| | (a) | has been given an information notice requiring the person to provide the |
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| | Commissioner with information, or |
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| | (b) | has been given an assessment notice requiring the person to direct the |
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| | Commissioner to a document, equipment or other material or to assist the |
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| | Commissioner to view information. |
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| | (2) | It is an offence for the person— |
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| | (a) | to destroy or otherwise dispose of, conceal, block or (where relevant) |
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| | falsify all or part of the information, document, equipment or material, or |
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| | (b) | to cause or permit the destruction, disposal, concealment, blocking or |
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| | (where relevant) falsification of all or part of the information, document, |
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| | | with the intention of preventing the Commissioner from viewing, or being |
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| | provided with or directed to, all or part of the information, document, equipment |
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| | (3) | It is a defence for a person charged with an offence under subsection (2) to prove |
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| | that the destruction, disposal, concealment, blocking or falsification would have |
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| | occurred in the absence of the person being given the notice.” |
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| | Member’s explanatory statement
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| | This new clause would be inserted after Clause 145. It provides that, where the Information |
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| | Commissioner has given an information notice (see Clause 141) or an assessment notice (see |
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| | Clause 144) requiring access to information, a document, equipment or material, it is an offence |
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| | to destroy or otherwise dispose of, conceal, block or (where relevant) falsify it. |
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| | To move the following Clause— |
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| | | “Applications in respect of urgent notices |
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| | (1) | This section applies where an information notice, an assessment notice or an |
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| | enforcement notice given to a person contains an urgency statement. |
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| | (2) | The person may apply to the court for either or both of the following— |
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| | (a) | the disapplication of the urgency statement in relation to some or all of |
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| | the requirements of the notice; |
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| | (b) | a change to the time at which, or the period within which, a requirement |
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| | of the notice must be complied with. |
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| | (3) | On an application under subsection (2), the court may do any of the following— |
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| | (a) | direct that the notice is to have effect as if it did not contain the urgency |
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| | (b) | direct that the inclusion of the urgency statement is not to have effect in |
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| | relation to a requirement of the notice; |
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| | (c) | vary the notice by changing the time at which, or the period within which, |
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| | a requirement of the notice must be complied with; |
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| | (d) | vary the notice by making other changes required to give effect to a |
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| | direction under paragraph (a) or (b) or in consequence of a variation |
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| | (4) | The decision of the court on an application under this section is final. |
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| | (5) | In this section, “urgency statement” means— |
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| | (a) | in relation to an information notice, a statement under section 141(7)(a), |
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| | (b) | in relation to an assessment notice, a statement under section 144(8)(a) or |
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| | (c) | in relation to an enforcement notice, a statement under section |
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| | Member’s explanatory statement
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| | This new clause would be inserted after Clause 160. It enables a person who is given an |
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| | information notice, assessment notice or enforcement which requires the person to comply with it |
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| | urgently to apply to the court for variation of the timetable for compliance. It replaces the |
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| | provision in Clauses 159(2) and 160(5) for appeals to the Tribunal. See also Amendments 54, 56 |
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| | To move the following Clause— |
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| | | “Post-review powers to make provision about representation of data subjects |
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| | (1) | After the report under section 182(1) is laid before Parliament, the Secretary of |
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| | State may by regulations— |
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| | (a) | exercise the powers under Article 80(2) of the GDPR in relation to |
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| | England and Wales and Northern Ireland, |
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| | (b) | make provision enabling a body or other organisation which meets the |
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| | conditions in Article 80(1) of the GDPR to exercise a data subject’s rights |
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| | under Article 82 of the GDPR in England and Wales and Northern |
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| | Ireland without being authorised to do so by the data subject, and |
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| | (c) | make provision described in section 182(2)(e) in relation to the exercise |
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| | in England and Wales and Northern Ireland of the rights of a data subject |
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| | (2) | The powers under subsection (1) include power— |
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| | (a) | to make provision enabling a data subject to prevent a body or other |
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| | organisation from exercising, or continuing to exercise, the data subject’s |
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| | (b) | to make provision about proceedings before a court or tribunal where a |
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| | body or organisation exercises a data subject’s rights; |
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| | (c) | to make provision for bodies or other organisations to bring proceedings |
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| | before a court or tribunal combining two or more claims in respect of a |
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| | (d) | to confer functions on a person, including functions involving the |
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| | exercise of a discretion; |
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| | (e) | to amend sections 162 to 164, 173, 180, 194, 196 and 197; |
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| | (f) | to insert new sections and Schedules into Part 6 or 7; |
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| | (g) | to make different provision in relation to England and Wales and in |
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| | relation to Northern Ireland. |
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| | (3) | The powers under subsection (1)(a) and (b) include power to make provision in |
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| | relation to data subjects who are children or data subjects who are not children or |
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| | (4) | The provision mentioned in subsection (2)(b) and (c) includes provision about— |
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| | (a) | the effect of judgments and orders; |
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| | (b) | agreements to settle claims; |
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| | (c) | the assessment of the amount of compensation; |
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| | (d) | the persons to whom compensation may or must be paid, including |
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| | compensation not claimed by the data subject; |
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| | (5) | 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 be inserted after Clause 182. It contains the provisions currently in |
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| | subsections (4) to (7) of Clause 182, modified to take account of the changes made to that Clause |
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| | by Amendments 61 and 62 (see subsections (1)(c) and (3) of this new Clause). |
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| | To move the following Clause— |
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| | | “Reserve forces: data-sharing by HMRC |
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| | (1) | The Reserve Forces Act 1996 is amended as follows. |
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| | (2) | After section 125 insert— |
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| | “125A | Supply of contact details by HMRC |
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| | (1) | This subsection applies to contact details for— |
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| | (a) | a member of an ex-regular reserve force, or |
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| | (b) | a person to whom section 66 (officers and former servicemen |
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| | liable to recall) applies, |
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| | | which are held by HMRC in connection with a function of HMRC. |
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| | (2) | HMRC may supply contact details to which subsection (1) applies to the |
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| | Secretary of State for the purpose of enabling the Secretary of State— |
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| | (a) | to contact a member of an ex-regular reserve force in connection |
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| | with the person’s liability, or potential liability, to be called out |
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| | for service under Part 6; |
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| | (b) | to contact a person to whom section 66 applies in connection |
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| | with the person’s liability, or potential liability, to be recalled for |
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| | (3) | Where a person’s contact details are supplied under subsection (2) for a |
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| | purpose described in that subsection, they may also be used for defence |
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| | purposes connected with the person’s service (whether past, present or |
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| | future) in the reserve forces or regular services. |
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| | (4) | In this section, “HMRC” means Her Majesty’s Revenue and Customs. |
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| | 125B | Prohibition on disclosure of contact details supplied under section |
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| | (1) | A person who receives information supplied under section 125A may not |
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| | disclose it except with the consent of the Commissioners for Her |
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| | Majesty’s Revenue and Customs (which may be general or specific). |
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| | (2) | A person who contravenes subsection (1) is guilty of an offence. |
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| | (3) | It is a defence for a person charged with an offence under this section to |
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| | prove that the person reasonably believed— |
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| | (a) | that the disclosure was lawful, or |
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| | (b) | that the information had already lawfully been made available to |
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| | (4) | Subsections (4) to (7) of section 19 of the Commissioners for Revenue |
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| | and Customs Act 2005 apply to an offence under this section as they |
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| | apply to an offence under that section. |
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| | (5) | Nothing in section 107 or 108 (institution of proceedings and evidence) |
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| | applies in relation to an offence under this section. |
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| | (1) | Nothing in section 125A or 125B authorises the making of a disclosure |
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| | which contravenes the data protection legislation. |
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| | (2) | In this section, “the data protection legislation” has the same meaning as |
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| | in the Data Protection Act 2018 (see section 3 of that Act).” |
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| | Member’s explanatory statement
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| | This new clause would be inserted after Clause 186. It provides for HMRC to supply the Secretary |
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| | of State with the contact details of members of the ex-regular reserve force and former members |
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| | of the armed forces so that they may be contacted regarding their liability to be called out or |
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| | recalled for service under the Reserved Forces Act 1996. The details supplied may also be used |
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| | for defence purposes connected with their service in the forces (whether past, present or future). |
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| | It is an offence for the details supplied to be disclosed without the consent of the Commissioners |
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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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