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| Clause 144, page 80, line 27, at end insert— |
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| | “( ) | provide the Commissioner with an explanation of such documents, |
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| | information, equipment or material;” |
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| | Member’s explanatory statement
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| | This amendment enables an assessment notice given by the Information Commissioner to require |
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| | a person to provide an explanation of documents, information, equipment or material. |
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| Clause 144, page 80, line 39, leave out “(8)” and insert “(8A)” |
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| | Member’s explanatory statement
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| | See the explanatory statement for Amendment 38. |
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| Clause 144, page 80, line 40, 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 assessment 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 144, page 81, line 8, at end insert “, and |
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| | ( ) | does not meet the conditions in subsection (8A)(a) to (d),” |
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| | Member’s explanatory statement
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| | This amendment makes clear that, where an assessment notice is given under Clause 144 and |
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| | compliance is required urgently, the notice cannot fall within both subsection (8) and new |
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| | subsection (8A) (see Amendment 38). |
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| Simon Hart | Giles Watling | Brendan O’Hara |
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| Clause 144, page 81, line 11, leave out “7 days” and insert “24 hours” |
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| | Member’s explanatory statement
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| | This amendment would reduce from 7 days to 24 hours the minimum period which must elapse |
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| | before a controller or processor has to comply with an assessment notice which has been issued |
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| | by the Commissioner and which the Commissioner has stated should be complied with urgently. |
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| Clause 144, page 81, line 11, at end insert— |
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| | “(8A) | If an assessment notice— |
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| | (a) | states that, in the Commissioner’s opinion, there are reasonable grounds |
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| | for suspecting that a controller or processor has failed or is failing as |
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| | described in section 146(2) or that an offence under this Act has been or |
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| | (b) | indicates the nature of the suspected failure or offence, |
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| | (c) | does not specify domestic premises, |
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| | (d) | states that, in the Commissioner’s opinion, it is necessary for the |
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| | controller or processor to comply with a requirement in the notice in less |
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| | (e) | gives the Commissioner’s reasons for reaching that opinion, |
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| | | subsections (6) and (7) do not apply.” |
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| | Member’s explanatory statement
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| | This amendment and Amendments 35 and 39 provide that, in the circumstances described in the |
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| | new subsection (8A), the Commissioner may require a person to comply with an assessment notice |
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| Clause 144, page 81, line 17, after “section” insert “— |
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| | “domestic premises” means premises, or a part of premises, used as a |
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| | Member’s explanatory statement
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| | See the explanatory statement for Amendment 38. |
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| Clause 146, page 82, line 22, after “GDPR” insert “or section 64 or 65 of this Act” |
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| | Member’s explanatory statement
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| | This amendment enables the Information Commissioner to give an enforcement notice or a penalty |
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| | notice (see Clause 152(1)(a)) in respect of a failure to comply with Clause 64 or 65 of the Bill (law |
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| | enforcement processing: data protection impact assessments and prior consultation with the |
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| Clause 146, page 83, line 8, leave out “enforcement notices” and insert “an |
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| | Member’s explanatory statement
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| | This amendment is made for drafting consistency with the provision inserted by Amendment 43. |
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| Clause 146, page 83, line 9, at end insert “, including by amending this section and |
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| | Member’s explanatory statement
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| | This amendment is consequential on Amendment 43. |
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| Clause 146, page 83, line 10, leave out paragraph (b) and insert— |
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| | “( ) | may make provision about the giving of an information notice, an |
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| | assessment notice or a penalty notice, or about powers of entry and |
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| | inspection, in connection with the failure, including by amending |
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| | sections 141, 142, 144, 145 and 152 to 154 and Schedules 15 and 16, |
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| | Member’s explanatory statement
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| | This amendment enables the Secretary of State, when making regulations enabling the Information |
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| | Commissioner to give enforcement notices in respect of further failures, to make provision about |
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| | the exercise of the Information Commissioner’s other enforcement powers in connection with the |
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| Clause 147, page 83, line 31, 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 enforcement 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 new Clause NC15. |
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| Clause 147, page 83, line 44, 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 comply with an enforcement notice. |
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| Clause 155, page 88, line 36, leave out “Secretary of State” and insert |
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| | Member’s explanatory statement
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| | This amendment provides that the persons to be consulted before the Commissioner produces a |
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| | document specifying the penalties for non-compliance with charges regulations are the persons |
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| | that the Commissioner, rather than the Secretary of State, considers appropriate. |
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| Clause 157, page 89, line 12, at end insert— |
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| | “( ) | information notices,” |
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| | Member’s explanatory statement
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| | This amendment requires the guidance produced under Clause 157 to include guidance about how |
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| | the Information Commissioner proposes to exercise her functions in connection with information |
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| Clause 157, page 89, line 18, at end insert— |
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| | “( ) | In relation to information notices, the guidance must include— |
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| | (a) | provision specifying factors to be considered in determining the time at |
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| | which, or the period within which, information is to be required to be |
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| | (b) | provision about the circumstances in which the Commissioner would |
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| | consider it appropriate to give an information notice to a person in |
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| | reliance on section 141(7) (urgent cases); |
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| | (c) | provision about how the Commissioner will determine how to proceed if |
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| | a person does not comply with an information notice.” |
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| | Member’s explanatory statement
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| | This amendment specifies what the guidance under Clause 157 in relation to information notices |
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| Clause 157, page 89, line 21, at end insert— |
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| | “( ) | provision about the circumstances in which the Commissioner would |
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| | consider it appropriate to give an assessment notice in reliance on section |
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| | 144(8) or (8A) (urgent cases);” |
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| | Member’s explanatory statement
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| | This amendment provides that the guidance under Clause 157 in relation to assessment notices |
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| | must include provision about when the Information Commissioner would consider it appropriate |
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| | to give an assessment notice requiring a person to comply with it urgently. |
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| Clause 157, page 89, line 33, at end insert— |
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| | “( ) | provision about how the Commissioner will determine how to proceed if |
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| | a person does not comply with an assessment notice.” |
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| | Member’s explanatory statement
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| | This amendment provides that the guidance under Clause 157 in relation to assessment notices |
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| | must include provision about how the Information Commissioner will determine how to proceed if |
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| | a person does not comply with such a notice. |
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| Clause 157, page 89, line 39, at end insert— |
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| | “( ) | In relation to enforcement notices, the guidance must include— |
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| | (a) | provision specifying factors to be considered in determining whether to |
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| | give an enforcement notice to a person; |
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| | (b) | provision about the circumstances in which the Commissioner would |
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| | consider it appropriate to give an enforcement notice to a person in |
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| | reliance on section 147(8) (urgent cases); |
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| | (c) | provision about how the Commissioner will determine how to proceed if |
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| | a person does not comply with an enforcement notice.” |
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| | Member’s explanatory statement
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| | This amendment specifies what the guidance under Clause 157 in relation to enforcement notices |
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| Clause 157, page 90, line 2, at end insert— |
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| | “( ) | provision about how the Commissioner will determine how to proceed if |
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| | a person does not comply with a penalty notice.” |
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| | Member’s explanatory statement
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| | This amendment provides that the guidance under Clause 157 in relation to penalty notices must |
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| | include provision about how the Information Commissioner will determine how to proceed if a |
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| | person does not comply with such a notice. |
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| Clause 157, page 90, line 9, leave out “Secretary of State” and insert |
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| | Member’s explanatory statement
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| | This amendment provides that the persons to be consulted before the Commissioner produces |
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| | guidance about regulatory action are the persons that the Commissioner, rather than the Secretary |
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| | of State, considers appropriate. |
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| Clause 159, page 91, line 10, leave out subsection (2) |
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| | Member’s explanatory statement
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| | See the explanatory statement for NC15. |
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| Clause 159, page 91, line 20, after “appeal” insert “to the Tribunal” |
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| | Member’s explanatory statement
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| | This amendment adds a reference to the Tribunal in Clause 159(4) for consistency with Clause |
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| Clause 160, page 91, line 39, leave out subsection (5) |
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| | Member’s explanatory statement
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| | See the explanatory statement for NC15. |
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| Clause 173, page 100, line 38, for “subsection (3)” substitute “subsections (3) and |
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| | Member’s explanatory statement
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| | See the explanatory statement for Amendment 58. |
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| Clause 173, page 100, line 39, at end insert— |
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| | “( ) | section (Information orders) (information orders);” |
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| | Member’s explanatory statement
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| | This amendment and Amendments 57 and 60 provide that information orders under new Clause |
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| | NC13 can normally be made by the High Court or county court or, in Scotland, by the Court of |
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| | Session or the sheriff. There is an exception for cases in which the information notice contains an |
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| | urgency statement, when only the High Court or, in Scotland, the Court of Session can make an |
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| Clause 173, page 101, line 2, after “jurisdiction” insert “conferred by the |
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| provisions listed in subsection (2)” |
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| | Member’s explanatory statement
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| | This amendment adds words to make clear that the jurisdiction referred to in Clause 173(3) is the |
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| | jurisdiction conferred on a court by the provisions listed in subsection (2) of that clause. |
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| Clause 173, page 101, line 3, at end insert— |
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| | “(4) | In relation to an information notice which contains a statement under section |
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| | 141(7), the jurisdiction conferred on a court by section (Information orders) is |
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| | exercisable only by the High Court or, in Scotland, the Court of Session. |
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| | (5) | The jurisdiction conferred on a court by section (Applications in respect of urgent |
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| | notices) (applications in respect of urgent notices) is exercisable only by the High |
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| | Court or, in Scotland, the Court of Session.” |
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| | Member’s explanatory statement
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| | See the explanatory statement for Amendment 58. This amendment also provides that applications |
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| | under NC15 are to be dealt with by the High Court or, in Scotland, by the Court of Session. |
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| Clause 182, page 106, line 34, at end insert “, and |
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| | (e) | the merits of making provision for a children’s rights organisation to |
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| | exercise some or all of a data subject’s rights under Articles 77, 78, 79 |
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| | and 82 of the GDPR on behalf of a data subject who is a child, with or |
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| | without being authorised to do so by the data subject.” |
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| | Member’s explanatory statement
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| | This amendment requires the Secretary of State’s review under Clause 182 to include a review of |
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| | the merits of making provision for children’s rights organisations (defined in Amendment 62) to |
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| | act on behalf of children in respect of their rights to complain to the Information Commissioner, |
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| | to a judicial remedy and to compensation under the GDPR. |
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| Clause 182, page 106, line 36, at end insert— |
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| | “( ) | In carrying out the review, the Secretary of State must— |
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| | (a) | consider the particular needs of children separately from the needs of |
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| | (b) | have regard to the fact that children have different needs at different |
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| | (c) | carry out an analysis of the particular challenges that children face in |
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| | authorising, and deciding whether to authorise, other persons to act on |
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| | their behalf under Article 80(1) of the GDPR or section 180, |
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| | (d) | consider the support and advice available to children in connection with |
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| | the exercise of their rights under Articles 77, 78, 79 and 82 of the GDPR |
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| | by another person on their behalf and the merits of making available |
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| | other support or advice, and |
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| | (e) | have regard to the United Kingdom’s obligations under the United |
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| | Nations Convention on the Rights of the Child. |
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| | ( ) | Before preparing the report under subsection (1), the Secretary of State must |
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| | consult the Commissioner and such other persons as the Secretary of State |
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| | considers appropriate, including— |
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| | (a) | persons active in the field of protection of data subjects’ rights and |
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| | freedoms with regard to the protection of their personal data, |
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| | (b) | children and parents, |
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| | (c) | children’s rights organisations and other persons who appear to the |
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| | Secretary of State to represent the interests of children, |
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| | (d) | child development experts, and |
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| | “children’s rights organisation” means a body or other organisation |
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| | (a) | is active in representing the interests of children, and |
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| | (b) | has objectives which are in the public interest; |
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| | “trade association” includes a body representing controllers or processors; |
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| | “the United Nations Convention on the Rights of the Child” means the |
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| | Convention on the Rights of the Child adopted by the General Assembly |
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| | of the United Nations on 20 November 1989 (including any Protocols to |
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| | that Convention which are in force in relation to the United Kingdom), |
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