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| | (3) | Any documentation created under subsection (2) shall be provided to the |
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| | Information Commissioner and the Investigatory Powers Commissioner within |
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| | |
| | (4) | A “transferring controller” is a controller who makes a transfer of personal data |
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| | outside the United Kingdom under Part 4 of this Act. |
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| | (5) | For the purposes of subsection (1)(b), |
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| | (a) | “domestic law” includes, but is not limited to, |
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| | (i) | soliciting, encouraging, persuading or proposing a murder |
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| | contrary to section 4 of the Offences Against the Person Act |
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| | |
| | (ii) | conspiracy to commit murder contrary to section 1 or 1A of the |
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| | |
| | (iii) | aiding, abetting, counselling, or procuring murder contrary to |
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| | section 8 of the Accessories and Abettors Act 1861, |
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| | (iv) | offences contrary to section 44, 45 and 46 of the Serious Crime |
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| | |
| | (v) | offences under the International Criminal Court Act 2001. |
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| | (b) | “International law” includes, but is not limited to, Article 16 of the 2001 |
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| | Draft Articles on the Responsibility of States for Internationally |
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| | (6) | The Secretary of State must lay before Parliament, within six months of the |
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| | coming into force of this Act, guidance for intelligence officers on subsections (1) |
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| | (7) | The Secretary of State must lay before Parliament any subsequent changes made |
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| | to the guidance reported under subsection (6) within 90 days of any changes being |
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| Clause 7, page 5, line 24, after “subsections” insert “(1A),”. |
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| Clause 7, page 5, line 24, after “(2)” insert “, (2A)” |
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| | Member’s explanatory statement
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| | This amendment is consequential on Amendment 24. |
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| Clause 7, page 5, line 24, at end insert— |
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| | “(1A) | A primary care service provider is not a “public authority” or “public body” for |
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| | the purposes of the GDPR merely by virtue of the fact that it is defined as a public |
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| | |
| | (a) | any of paragraphs 43A to 45A or paragraph 51 of Schedule 1 to the |
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| | Freedom of Information Act 2000, or |
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| | (b) | any of paragraphs 33 to 35 of Schedule 1 to the Freedom of Information |
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| | (Scotland) Act 2002 (asp 13).” |
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| Clause 7, page 5, line 26, after “body”” insert “for the purposes of the GDPR” |
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| | Member’s explanatory statement
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| | Subsection (2) of Clause 7 provides that an authority or body is only a “public authority” or a |
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| | “public body” if it meets the conditions in that subsection. This amendment makes it clear that |
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| | subsection (2) only affects a body or authority’s status for the purposes of the GDPR. |
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| |
| | |
| Clause 7, page 5, line 27, at end insert— |
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| | “(2A) | The references in subsection (1)(a) and (b) to public authorities and Scottish |
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| | public authorities as defined by the Freedom of Information Act 2000 and the |
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| | Freedom of Information (Scotland) Act 2002 (asp 13) do not include any of the |
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| | following that fall within those definitions— |
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| | (a) | a parish council in England; |
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| | (b) | a community council in Wales; |
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| | (c) | a community council in Scotland; |
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| | (d) | a parish meeting constituted under section 13 of the Local Government |
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| | |
| | (e) | a community meeting constituted under section 27 of that Act; |
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| | (f) | charter trustees constituted— |
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| | (i) | under section 246 of that Act, |
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| | (ii) | under Part 1 of the Local Government and Public Involvement in |
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| | |
| | (iii) | by the Charter Trustees Regulations 1996 (S.I. 1996/263).” |
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| | Member’s explanatory statement
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| | This amendment provides that the authorities listed in new subsection (2A) are not “public |
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| | authorities” or “public bodies” for the purposes of the GDPR by virtue of being public authorities |
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| | or Scottish public authorities as defined in the Freedom of Information Act 2000 and the Freedom |
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| | of Information (Scotland) Act 2002. |
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| | |
| Clause 10, page 6, line 37, leave out subsections (6) and (7) |
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| | Member’s explanatory statement
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| | This amendment would remove delegated powers that would allow the Secretary of State to vary |
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| | the conditions and safeguards governing the general processing of sensitive personal data. |
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| |
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| | |
| Clause 14, page 8, line 11, at end insert— |
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| | “(2A) | A decision that engages an individual’s rights under the Human Rights Act 1998 |
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| | does not fall within Article 22(2)(b) of the GDPR (exception from prohibition on |
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| | taking significant decisions based solely on automated processing for decisions |
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| | that are authorised by law and subject to safeguards for the data subject’s rights, |
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| | freedoms and legitimate interests). |
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| | (2B) | A decision is “based solely on automated processing” for the purposes of this |
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| | section if, in relation to a data subject, there is no meaningful input by a natural |
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| | person in the decision-making process.” |
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| | Member’s explanatory statement
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| | This amendment would ensure that where human rights are engaged by automated decisions these |
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| | are human decisions and provides clarification that purely administrative human approval of an |
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| | automated decision does make an automated decision a ‘human’ one. |
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| Page 9, line 36, leave out Clause 16 |
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| | Member’s explanatory statement
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| | This amendment would remove delegated powers that would allow the Secretary of State to add |
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| Clause 21, page 13, line 10, leave out “to which Part 3 (law enforcement |
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| processing) or” and insert “by a competent authority for any of the law enforcement |
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| purposes (as defined in Part 3) or processing to which” |
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| | Member’s explanatory statement
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| | This amendment clarifies the description of the types of processing excluded from Chapter 3 of |
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| | Part 2 (other general processing). |
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| Clause 35, page 22, line 14, leave out subsections (6) and (7) |
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| | Member’s explanatory statement
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| | This amendment would remove delegated powers that would allow the Secretary of State to vary |
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| | the conditions and safeguards governing the general processing of sensitive personal data. |
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| |
| |
| |
| | |
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| Clause 49, page 30, line 19, at end insert— |
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| | | “, subject to subsection (1A). |
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| | (1A) | A controller may not take a significant decision based solely on automated |
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| | processing if that decision affects the rights of the data subject under the Human |
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| | |
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| | |
| Clause 50, page 30, line 28, at end insert— |
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| | |
| | (c) | it does not engage the rights of the data subject under the Human Rights |
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| | |
| | Member’s explanatory statement
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| | This amendment would ensure that automated decisions should not be authorised by law if they |
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| | engage an individual’s human rights. |
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| |
| |
| |
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| | |
| Clause 86, page 51, line 21, leave out subsections (3) and (4) |
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| | Member’s explanatory statement
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| | This amendment would remove delegated powers that would allow the Secretary of State to vary |
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| | the conditions and safeguards governing the general processing of sensitive personal data. |
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| |
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| Clause 96, page 56, line 38, after “law” insert “unless the decision engages an |
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| individual’s rights under the Human Rights Act 1998” |
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| | Member’s explanatory statement
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| | This amendment would ensure that automated decisions should not be authorised by law if they |
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| | engage an individual’s human rights. |
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| |
| |
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| Page 63, line 27, leave out Clause 113 |
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| | Member’s explanatory statement
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| | This amendment would remove delegated powers that would allow the Secretary of State to create |
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| | new exemptions to Part 4 of the Bill. |
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| |
| |
| | |
| Clause 119, page 66, line 12, at end insert— |
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| | “( ) | Paragraphs (c) and (d) of section 3(14) do not apply to references in this section |
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| | to personal data, the processing of personal data, a controller or a processor.” |
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| | Member’s explanatory statement
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| | This amendment secures that the references to personal data, the processing of personal data, a |
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| | controller or a processor in Clause 119 include all types of personal data etc. It disapplies Clause |
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| | 3(14)(c) and (d), which provide that references to personal data etc in Parts 5 to 7 of the Bill are |
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| | usually to personal data etc to which Chapter 2 or 3 of Part 2, Part 3 or Part 4 applies. |
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| |
| |
| | |
| Clause 120, page 67, line 4, at end insert— |
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| | “( ) | Section 3(14)(c) does not apply to references to personal data and the processing |
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| | of personal data in this section.” |
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| | Member’s explanatory statement
|
|
| | This amendment secures that the references to personal data and the processing of personal data |
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| | in Clause 120 include all types of personal data and the processing of personal data. It disapplies |
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| | Clause 3(14)(c), which provides that references to personal data etc in Parts 5 to 7 of the Bill are |
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| | usually to personal data etc to which Chapter 2 or 3 of Part 2, Part 3 or Part 4 applies. |
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| |
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| Clause 124, page 69, line 21, leave out “or 123” and insert “, 123 or (Data |
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| protection and journalism code)” |
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| | Member’s explanatory statement
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| | See the explanatory statement for NC23. |
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| |
| | |
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| Clause 124, page 69, line 32, leave out “or 123” and insert “, 123 or (Data |
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| protection and journalism code)” |
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| | Member’s explanatory statement
|
|
| | See the explanatory statement for NC23. |
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| |
| | |
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| Clause 124, page 69, line 39, leave out “or 123” and insert “, 123 or (Data |
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| protection and journalism code)” |
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| | Member’s explanatory statement
|
|
| | See the explanatory statement for NC23. |
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| |
| | |
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| Clause 124, page 70, line 5, leave out “and 123” and insert “, 123 and (Data |
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| protection and journalism code)” |
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| | Member’s explanatory statement
|
|
| | See the explanatory statement for NC23. |
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| |
| |
| | |
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| Clause 125, page 70, line 18, leave out “or 123(2)” and insert “, 123(2) or (Data |
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| protection and journalism code)(2)” |
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| | Member’s explanatory statement
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| | See the explanatory statement NC23. |
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| |
| |
| | |
| Clause 141, page 78, line 2, after “of” insert “— |
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| | (i) | investigating a suspected failure of a type described in section |
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| | 146(2) or a suspected offence under this Act, or |
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| | |
| | Member’s explanatory statement
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| | This amendment enables the Information Commissioner to obtain information from any person for |
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| | the purposes of investigating failures to comply with the data protection legislation that are listed |
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| | in Clause 146(2) or suspected offences under the Bill. |
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| |
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| |
| | |
| Clause 141, page 78, line 5, after “state” insert “— |
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| | (a) | whether it is given under subsection (1)(a), (b)(i) or (b)(ii), and |
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| | |
| | Member’s explanatory statement
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|
| | This amendment requires information notices given by the Information Commissioner to state |
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| | whether they are given under Clause 141(1)(a), (b)(i) or (b)(ii). See also Amendment 27. |
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| |
| | |
| Clause 141, page 78, line 15, leave out “the rights of appeal under section 159” and |
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| |
| | (a) | the consequences of failure to comply with it, and |
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| | (b) | the rights under sections 159 and (Applications in respect of urgent |
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| | |
| | Member’s explanatory statement
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|
| | This amendment adds a requirement for information notices to include information about the |
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| | consequences of failure to comply. The reference in paragraph (b) to applications in respect of |
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| | urgent notices is consequential on NC15. |
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| |
| | |
| Clause 141, page 78, line 26, leave out “7 days” and insert “24 hours” |
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| | Member’s explanatory statement
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|
| | This amendment provides that, in urgent cases, the Information Commissioner must allow a |
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| | minimum of 24 hours, rather than 7 days, for a person to provide information requested in an |
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| | |
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| |
| | |
| Clause 144, page 80, line 19, after “for” insert “a copy (in such form as may be |
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| |
| | Member’s explanatory statement
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|
| | This amendment and Amendments 32 and 33 tidy up Clause 144(2)(d) and make clear that the |
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| | Commissioner may ask for copies of documents, as well as information viewed, to be provided in |
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| | |
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| | |
| Clause 144, page 80, line 20, leave out “a copy of” |
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| | Member’s explanatory statement
|
|
| | See the explanatory statement for Amendment 31. |
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| |
| | |
| Clause 144, page 80, line 21, leave out “a copy (in such form as may be requested) |
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| |
| | Member’s explanatory statement
|
|
| | See the explanatory statement for Amendment 31. |
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|