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| | To move the following Clause— |
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| | | “Education: safe use of personal data |
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| | (1) | The Children and Social Work Act 2017 is amended as follows. |
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| | (2) | In section 35 (other personal, social, health and economic education), after |
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| | subsection (1)(b) insert— |
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| | “(1A) | In this section, “personal, social, health and economic education” shall |
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| | include education relating to the safe use of personal data.” |
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| | Member’s explanatory statement
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| | This new clause would enable the Secretary of State to require that personal information safety be |
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| | taught as a mandatory part of the national PSHE curriculum. |
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| Johnny Mercer | Mr Ben Bradshaw | Rosie Cooper | Luciana Berger | Diana Johnson | Norman Lamb | Mr Ian Liddell-Granger | Lucy Allan | Heidi Allen | Sir David Amess | Jeremy Lefroy | Antionette Sandbach | Anna Soubry | Giles Watling | Debbie Abrahams | Rushanara Ali | Dr Roberta Blackman-Woods | Mr Ronnie Campbell | Stella Creasy | Alex Cunningham | Stephen Doughty | Clive Efford | Darren Jones | Mike Gapes | Mike Hill | Kate Green | Grahame Morris | Matt Western |
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| | To move the following Clause— |
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| | | “Health bodies: disclosure of personal data |
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| | (1) | In section 261 of the Health and Social Care Act 2012 (Health and Social Care |
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| | Information Centre: dissemination of information) after subsection (5) insert— |
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| | “(5A) | A disclosure of personal data may be made under subsection (5)(e) only |
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| | (a) | to and at the request of a member of a police force, and |
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| | (b) | for the purpose of investigating a serious offence. |
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| | “personal data” has the meaning given by section 3 of the Data |
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| | (a) | a police force within the meaning of section 101 of the |
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| | (b) | an equivalent force operating under the law of any Part |
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| | of the United Kingdom or of another country; and |
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| | (a) | a serious offence within the meaning of Part 1 of |
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| | Schedule 1 to the Serious Crime Act 2007, |
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| | (b) | an offence under the Offences Against the Person Act |
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| | 1861, the Sexual Offences Act 2003, the Explosive |
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| | Substances Act 1883, the Terrorism Act 2000 or the |
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| | (c) | the equivalent of any of those offences under the law of |
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| | any Part of the United Kingdom or of another country.” |
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| | (2) | In section 13Z3 of the National Health Service Act 2006 (National Health Service |
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| | Commissioning Board: permitted disclosure of information) at the end insert— |
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| | “(3) | A disclosure of personal data may be made under subsection (1)(g) only |
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| | (a) | to and at the request of a member of a police force, and |
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| | (b) | for the purpose of investigating a serious offence. |
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| | “personal data” has the meaning given by section 3 of the Data |
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| | (a) | a police force within the meaning of section 101 of the |
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| | (b) | an equivalent force operating under the law of any Part |
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| | of the United Kingdom or of another country; and |
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| | (a) | a serious offence within the meaning of Part 1 of |
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| | Schedule 1 to the Serious Crime Act 2007, |
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| | (b) | an offence under the Offences against the Person Act |
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| | 1861, the Sexual Offences Act 2003, the Explosive |
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| | Substances Act 1883, the Terrorism Act 2000 or the |
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| | (c) | the equivalent of any of those offences under the law of |
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| | any Part of the United Kingdom or of another country.” |
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| | (3) | In section 14Z23 of the National Health Service Act 2006 (clinical |
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| | commissioning groups: permitted disclosure of information) at the end insert— |
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| | “(3) | A disclosure of personal data may be made under subsection (1)(g) only |
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| | (a) | to and at the request of a member of a police force, and |
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| | (b) | for the purpose of investigating a serious offence. |
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| | “personal data” has the meaning given by section 3 of the Data |
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| | (a) | a police force within the meaning of section 101 of the |
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| | (b) | an equivalent force operating under the law of any Part |
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| | of the United Kingdom or of another country; and |
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| | (a) | a serious offence within the meaning of Part 1 of |
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| | Schedule 1 to the Serious Crime Act 2007, |
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| | (b) | an offence under the Offences against the Person Act |
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| | 1861, the Sexual Offences Act 2003, the Explosive |
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| | Substances Act 1883, the Terrorism Act 2000 or the |
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| | (c) | the equivalent of any of those offences under the law of |
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| | any Part of the United Kingdom or of another country.” |
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| | (4) | In section 79 of the Health and Social Care Act 2008 (Care Quality Commission: |
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| | permitted disclosures) after subsection (3) insert— |
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| | “(3A) | A disclosure of personal data may be made under subsection (3)(g) only |
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| | (a) | to and at the request of a member of a police force, and |
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| | (b) | for the purpose of investigating a serious offence. |
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| | “personal data” has the meaning given by section 3 of the Data |
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| | (a) | a police force within the meaning of section 101 of the |
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| | (b) | an equivalent force operating under the law of any Part |
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| | of the United Kingdom or of another country; and |
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| | (a) | a serious offence within the meaning of Part 1 of |
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| | Schedule 1 to the Serious Crime Act 2007, |
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| | (b) | an offence under the Offences against the Person Act |
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| | 1861, the Sexual Offences Act 2003, the Explosive |
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| | Substances Act 1883, the Terrorism Act 2000 or the |
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| | (c) | the equivalent of any of those offences under the law of |
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| | any Part of the United Kingdom or of another |
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| | Member’s explanatory statement
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| | This new clause would prevent personal data held by the NHS from being disclosed for the purpose |
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| | of the investigation of a criminal offence unless the offence concerned is serious, which is |
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| | consistent with the NHS Code of Confidentiality and GMC guidance on confidentiality. It would |
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| | also mean that any such disclosure could only be made to the police, and not, for example, to Home |
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| | Office immigration enforcement officials. |
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| To move the following Clause— |
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| | | “Data protection breaches by national news publishers |
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| | (1) | The Secretary of State must, within the period of three months beginning with the |
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| | day on which this Act is passed, establish an inquiry under the Inquiries Act 2005 |
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| | into allegations of data protection breaches committed by or on behalf of national |
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| | news publishers and other media organisations. |
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| | (2) | Before setting the terms of reference of and other arrangements for the inquiry the |
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| | (a) | consult the Scottish Ministers with a view to ensuring, in particular, that |
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| | the inquiry will consider the separate legal context and other |
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| | circumstances of Scotland; |
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| | (b) | consult Northern Ireland Ministers and members of the Northern Ireland |
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| | Assembly with a view to ensuring, in particular, that the inquiry will |
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| | consider the separate legal context and other circumstances of Northern |
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| | (c) | consult persons appearing to the Secretary of State to represent the |
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| | interests of victims of data protection breaches committed by, on behalf |
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| | of or in relation to, national news publishers and other media |
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| | (d) | consult persons appearing to the Secretary of State to represent the |
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| | interests of news publishers and other media organisations (having |
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| | regard in particular to organisations representing journalists). |
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| | (3) | The terms of reference for the inquiry must include requirements— |
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| | (a) | to inquire into the extent of unlawful or improper conduct by or on behalf |
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| | of national news publishers and other organisations within the media in |
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| | respect of personal data; |
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| | (b) | to inquire into the extent of corporate governance and management |
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| | failures and the role, if any, of politicians, public servants and others in |
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| | relation to failures to investigate wrongdoing at media organisations |
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| | within the scope of the inquiry; |
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| | (c) | to review the protections and provisions around media coverage of |
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| | individuals subject to police inquiries, including the policy and practice |
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| | of naming suspects of crime prior to any relevant charge or conviction; |
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| | (d) | to investigate the dissemination of information and news, including false |
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| | news stories, by social media organisations using personal data; |
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| | (e) | to consider the adequacy of the current regulatory arrangements and the |
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| | resources, powers and approach of the Information Commissioner and |
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| | any other relevant authorities in relation to— |
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| | (i) | the news publishing industry (except in relation to entities |
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| | regulated by Ofcom) across all platforms and in the light of |
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| | (ii) | social media companies; |
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| | (f) | to make such recommendations as appear to the inquiry to be appropriate |
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| | for the purpose of ensuring that the privacy rights of individuals are |
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| | balanced with the right to freedom of expression. |
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| | (4) | In setting the terms of reference for the inquiry the Secretary of State must— |
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| | (a) | have regard to the current context of the news, publishing and general |
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| | (b) | must set appropriate parameters for determining which allegations are to |
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| | (c) | determine the meaning and scope of references to national news |
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| | publishers and other media organisations for the purposes of the inquiry. |
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| | (5) | Before complying with subsection (4) the Secretary of State must consult the |
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| | judge or other person who is likely to be invited to chair the inquiry. |
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| | (6) | The inquiry may, so far as it considers appropriate— |
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| | (a) | consider evidence given to previous public inquiries; and |
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| | (b) | take account of the findings of and evidence given to previous public |
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| | inquiries (and the inquiry must consider using this power for the purpose |
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| | of avoiding the waste of public resources). |
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| | (7) | This section comes into force on Royal Assent.” |
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| To move the following Clause— |
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| | | “Publishers of news-related material: damages and costs (No. 2) |
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| | (1) | This section applies where— |
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| | (a) | a relevant claim for breach of the data protection legislation is made |
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| | against a person (“the defendant”), |
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| | (b) | the defendant was a relevant publisher at the material time, and |
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| | (c) | the claim is related to the publication of news-related material. |
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| | (2) | If the defendant was a member of an approved regulator at the time when the |
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| | claim was commenced (or was unable to be a member at that time for reasons |
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| | beyond the defendant’s control or it would have been unreasonable in the |
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| | circumstances for the defendant to have been a member at that time), the court |
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| | must award costs against the claimant unless satisfied that— |
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| | (a) | the issues raised by the claim could not have been resolved by using an |
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| | arbitration scheme of the approved regulator, or |
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| | (b) | it is just and equitable in all the circumstances of the case, including, for |
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| | (i) | the conduct of the defendant, and |
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| | (ii) | whether the defendant pleaded a reasonably arguable defence, to |
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| | make a different award of costs or make no award of costs. |
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| | (3) | If the defendant was not an exempt relevant publisher and was not a member of |
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| | an approved regulator at the time when the claim was commenced (but would |
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| | have been able to be a member at that time and it would have been reasonable in |
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| | the circumstances for the defendant to have been a member at that time), the court |
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| | must award costs against the defendant unless satisfied that— |
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| | (a) | the issues raised by the claim could not have been resolved by using an |
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| | arbitration scheme of the approved regulator (had the defendant been a |
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| | (b) | it is just and equitable in all the circumstances of the case, including, for |
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| | (i) | the conduct of the claimant, and |
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| | (ii) | whether the claimant had a reasonably arguable claim, to make a |
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| | different award of costs or make no award of costs. |
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| | (4) | This section is not to be read as limiting any power to make rules of court. |
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| | (5) | This section does not apply until such time as a body is first recognised as an |
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| To move the following Clause— |
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| | | “Publishers of news-related material: interpretive provisions (No. 2) |
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| | (1) | This section applies for the purposes of section (Publishers of news-related |
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| | material: damages and costs (No. 2)). |
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| | (2) | “Approved regulator” means a body recognised as a regulator of relevant |
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| | (3) | For the purposes of subsection (2), a body is “recognised” as a regulator of |
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| | relevant publishers if it is so recognised by any body established by Royal Charter |
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| | (whether established before or after the coming into force of this section) with the |
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| | purpose of carrying on activities relating to the recognition of independent |
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10 | | regulators of relevant publishers. |
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| | (4) | “Relevant claim” means a civil claim made in respect of data protection under the |
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| | data protection legislation, brought in England or Wales by a claimant domiciled |
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| | anywhere in the United Kingdom. |
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| | (5) | The “material time”, in relation to a relevant claim, is the time of the events giving |
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| | (6) | “News-related material” means— |
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| | (a) | news or information about current affairs, |
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| | (b) | opinion about matters relating to the news or current affairs, or |
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| | (c) | gossip about celebrities, other public figures or other persons in the news. |
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20 | | (7) | A relevant claim is related to the publication of news-related material if the claim |
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| | (a) | the publication of news-related material, or |
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| | (b) | activities carried on in connection with the publication of such material |
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| | (whether or not the material is in fact published). |
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25 | | (8) | A reference to the “publication” of material is a reference to publication— |
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| | and references to a person who “publishes” material are to be read accordingly. |
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30 | | (9) | A reference to “conduct” includes a reference to omissions; and a reference to a |
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| | person’s conduct includes a reference to a person’s conduct after the events |
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| | giving rise to the claim concerned. |
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| | (10) | “Relevant publisher” has the same meaning as in section 41 of the Crime and |
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35 | | (11) | A relevant publisher is exempt if it satisfies Condition A or B. |
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| | (12) | Condition A is that the publisher has a constitution which— |
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| | (a) | requires any surplus income or gains to be reinvested in the publisher, |
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| | (b) | does not allow the distribution of any of its profits or assets (in cash or in |
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40 | | kind) to members or third parties. |
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| | (13) | Condition B is that the publisher— |
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| | (a) | publishes predominantly in Scotland, or predominantly in Wales, or |
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| | predominantly in Northern Ireland or predominantly in specific regions |
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45 | | (b) | has had an average annual turnover not exceeding £100 million over the |
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| | last five complete financial years.” |
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| | As an Amendment to Tom Watson’s proposed New Clause (Publishers of news-related |
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| | material: interpretive provisions (No. 2)) (NC21):— |
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| Line 33, leave out subsection (10) and insert— |
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| | “(10) | “Relevant publisher” has the same meaning as in section 41 of the Crime and |
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| | Courts Act 2013, subject to subsection (10A). |
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| | (10A) | For the purposes of this Act, a publisher shall only be a “relevant publisher” if— |
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| | (a) | it has a registered address in England or Wales; and |
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| | (b) | its publications are published in, or in any part of, England or Wales. |
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| | (10B) | A relevant claim may be made under the data protection legislation only in |
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| | respect of material which is published by a relevant publisher (as defined by |
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| | subsections (10) and (10A)) and which is read or accessed in England or Wales.” |
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| To move the following Clause— |
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| | | “Safeguards on the transfer of data for lethal force operations overseas |
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| | (1) | A transferring controller may not make any transfer of personal data outside the |
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| | United Kingdom under Part 4 of this Act where— |
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| | (a) | the transferring controller knows, or should know, that the data will be |
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| | used in an operation or activity that may involve the use of lethal force, |
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| | (b) | there is a real risk that the transfer would amount to a breach of domestic |
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| | law or an internationally wrongful act under international law. |
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| | (2) | Where the transferring controller determines that there is no real risk under |
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| | subsection (1)(b), the transfer is not lawful unless— |
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| | (a) | the transferring controller documents the determination, providing |
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| | (b) | the Secretary of State has approved the transfer in writing. |
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