1

House of Commons

Notices of Amendments

given up to and including

Tuesday 1 May 2018

New Amendments handed in are marked thus

Amendments 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withdrawn amendments at the end.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

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: 1 May 2018                      

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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

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

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: 1 May 2018                      

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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

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;

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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

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;

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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.

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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.

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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.