Session 2017-19
Internet Publications
Other Bills before Parliament


 
 

Notices of Amendments: 4 May 2018                      

8

 

Data Protection Bill-[Lords], continued

 
 

(3)    

Before preparing a code or amendments under this section, the Commissioner

 

must consult such of the following as the Commissioner considers appropriate—

 

(a)    

trade associations;

 

(b)    

data subjects;

 

(c)    

persons who appear to the Commissioner to represent the interests of data

 

subjects.

 

(4)    

A code under this section may include transitional provision or savings.

 

(5)    

In this section—

 

“good practice in the processing of personal data for the purposes of

 

journalism” means such practice in the processing of personal data for

 

those purposes as appears to the Commissioner to be desirable having

 

regard to—

 

(a)    

the interests of data subjects and others, including compliance

 

with the requirements of the data protection legislation, and

 

(b)    

the special importance of the public interest in the freedom of

 

expression and information;

 

“trade association” includes a body representing controllers or processors.”

 

Member’s explanatory statement

 

This new Clause would be inserted after Clause 123. It requires the Commissioner to prepare a

 

code of practice giving guidance about the processing of personal data for the purposes of

 

journalism. Clauses 124 to 126 (approval, publication and effect) would apply to the code (see

 

amendments 146, 147, 148, 149 and 150).

 


 

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.


 
 

Notices of Amendments: 4 May 2018                      

9

 

Data Protection Bill-[Lords], continued

 
 

(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.

 

(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,


 
 

Notices of Amendments: 4 May 2018                      

10

 

Data Protection Bill-[Lords], continued

 
 

(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.

 


 

Tom Watson

 

Liam Byrne

 

Louise Haigh

 

Chris Elmore

 

NC4

 

To move the following Clause—

 

         

“Bill of Data Rights in the Digital Environment (No. 2)

 

(1)    

The Secretary of State shall, by regulations, establish a Bill of Data Rights in the

 

Digital Environment.

 

(2)    

Before making regulations under this section, the Secretary of State shall—

 

(a)    

consult—

 

(i)    

the Commissioner,

 

(ii)    

trade associations,

 

(iii)    

data subjects, and

 

(iv)    

persons who appear to the Commissioner or the Secretary of

 

State to represent the interests of data subjects; and

 

(b)    

publish a draft of the Bill of Data Rights.

 

(3)    

The Bill of Data Rights in the Digital Environment shall enshrine—

 

(a)    

a right for a data subject to have privacy from commercial or personal

 

intrusion,


 
 

Notices of Amendments: 4 May 2018                      

11

 

Data Protection Bill-[Lords], continued

 
 

(b)    

a right for a data subject to own, curate, move, revise or review their

 

identity as founded upon personal data (whether directly or as a result of

 

processing of that data),

 

(c)    

a right for a data subject to have their access to their data profiles or

 

personal data protected, and

 

(d)    

a right for a data subject to object to any decision made solely on

 

automated decision-making, including a decision relating to education

 

and employment of the data subject.

 

(4)    

Regulations under this section are subject to the affirmative resolution

 

procedure.”

 

Member’s explanatory statement

 

This new clause would empower the Secretary of State to introduce a Bill of Data Rights in the

 

Digital Environment.

 


 

Tom Watson

 

Liam Byrne

 

Louise Haigh

 

Chris Elmore

 

NC6

 

To move the following Clause—

 

         

“Targeted dissemination disclosure notice for third parties and others (No. 2)

 

In Schedule 19B of the Political Parties, Elections and Referendums Act 2000

 

(Power to require disclosure), after paragraph 10 (documents in electronic form)

 

insert—

 

“10A (1)  

This paragraph applies to the following organisations and

 

individuals—

 

(a)    

a recognised third party (within the meaning of Part 6);

 

(b)    

a permitted participant (within the meaning of Part 7);

 

(c)    

a regulated donee (within the meaning of Schedule 7);

 

(d)    

a regulated participant (within the meaning of Schedule 7A);

 

(e)    

a candidate at an election (other than a local government

 

election in Scotland);

 

(f)    

the election agent for such a candidate;

 

(g)    

an organisation or individual formerly falling within any of

 

paragraphs (a) to (f); or

 

(h)    

the treasurer, director, or another officer of an organisation to

 

which this paragraph applies, or has been at any time in the

 

period of five years ending with the day on which the notice

 

is given.

 

      (2)  

The Commission may under this paragraph issue at any time a targeted

 

dissemination disclosure notice, requiring disclosure of any settings

 

used to disseminate material which it believes were intended to have

 

the effect, or were likely to have the effect, of influencing public

 

opinion in any part of the United Kingdom, ahead of a specific election

 

or referendum, where the platform for dissemination allows for

 

targeting based on demographic or other information about


 
 

Notices of Amendments: 4 May 2018                      

12

 

Data Protection Bill-[Lords], continued

 
 

individuals, including information gathered by information society

 

services.

 

      (3)  

This power shall not be available in respect of registered parties or

 

their officers, save where they separately and independently fall into

 

one or more of categories (a) to (h) of sub-paragraph (1).

 

      (4)  

A person or organisation to whom such a targeted dissemination

 

disclosure notice is given shall comply with it within such time as is

 

specified in the notice.””

 

Member’s explanatory statement

 

This new clause would amend the Political Parties, Elections and Referendums Act 2000 to allow

 

the Electoral Commission to require disclosure of settings used to disseminate material where the

 

platform for dissemination allows for targeting based on demographic or other information about

 

individuals.

 


 

Christine Jardine

 

Sir Vince Cable

 

NC7

 

To move the following Clause—

 

         

“Publishers of news-related material: damages and costs

 

(1)    

This section applies where—

 

(a)    

a relevant claim for breach of the data protection legislation is made

 

against a person (“the defendant”),

5

(b)    

the defendant was a relevant publisher at the material time, and

 

(c)    

the claim is related to the publication of news-related material.

 

(2)    

If the defendant was a member of an approved regulator at the time when the

 

claim was commenced (or was unable to be a member at that time for reasons

 

beyond the defendant’s control or it would have been unreasonable in the

10

circumstances for the defendant to have been a member at that time), the court

 

must not award costs against the defendant unless satisfied that—

 

(a)    

the issues raised by the claim could not have been resolved by using an

 

arbitration scheme of the approved regulator, or

 

(b)    

it is just and equitable in all the circumstances of the case to award costs

15

against the defendant.

 

(3)    

If the defendant was not a member of an approved regulator at the time when the

 

claim was commenced (but would have been able to be a member at that time and

 

it would have been reasonable in the circumstances for the defendant to have been

 

a member at that time), the court must award costs against the defendant unless

20

satisfied that—

 

(a)    

the issues raised by the claim could not have been resolved by using an

 

arbitration scheme of the approved regulator (had the defendant been a

 

member), or

 

(b)    

it is just and equitable in all the circumstances of the case to make a

25

different award of costs or make no award of costs.


 
 

Notices of Amendments: 4 May 2018                      

13

 

Data Protection Bill-[Lords], continued

 
 

(4)    

This section is not to be read as limiting any power to make rules of court.

 

(5)    

This section does not apply until such time as a body is first recognised as an

 

approved regulator.”

 

As an Amendment to Christine Jardine’s proposed New Clause (Publishers of news-

 

related material: damages and costs) (NC7):—

 

Brendan O’Hara

 

Stuart C. McDonald

 

(a)

 

Parliamentary Star - white    

Line  28,  at end insert—

 

“(6)    

This section extends to England and Wales only.”

 


 

Christine Jardine

 

Sir Vince Cable

 

NC8

 

To move the following Clause—

 

         

“Publishers of news-related material: interpretive provisions

 

(1)    

This section applies for the purposes of section [Publishers of news-related

 

material: damages and costs]

 

(2)    

“Approved regulator” means a body recognised as a regulator of relevant

5

publishers.

 

(3)    

For the purposes of subsection (2), a body is “recognised” as a regulator of

 

relevant publishers if it is so recognised by any body established by Royal Charter

 

(whether established before or after the coming into force of this section) with the

 

purpose of carrying on activities relating to the recognition of independent

10

regulators of relevant publishers.

 

(4)    

“Relevant claim” means a civil claim made in respect of data protection under the

 

data protection legislation.

 

(5)    

The “material time”, in relation to a relevant claim, is the time of the events giving

 

rise to the claim.

15

(6)    

“News-related material” means—

 

(a)    

news or information about current affairs,

 

(b)    

opinion about matters relating to the news or current affairs, or

 

(c)    

gossip about celebrities, other public figures or other persons in the news.

 

(7)    

A relevant claim is related to the publication of news-related material if the claim

20

results from—

 

(a)    

the publication of news-related material, or

 

(b)    

activities carried on in connection with the publication of such material

 

(whether or not the material is in fact published).

 

(8)    

A reference to the “publication” of material is a reference to publication—

25

(a)    

on a website,

 

(b)    

in hard copy, or

 

(c)    

by any other means;

 

and references to a person who “publishes” material are to be read accordingly.


 
 

Notices of Amendments: 4 May 2018                      

14

 

Data Protection Bill-[Lords], continued

 
 

(9)    

A reference to “conduct” includes a reference to omissions; and a reference to a

30

person’s conduct includes a reference to a person’s conduct after the events

 

giving rise to the claim concerned.

 

(10)    

“Relevant publisher” has the same meaning as in section 41 of the Crime and

 

Courts Act 2013.”

 

As an Amendment to Christine Jardine’s proposed New Clause (Publishers of news-

 

related material: interpretive provisions) (NC8):—

 

Brendan O’Hara

 

Stuart C. McDonald

 

(a)

 

Parliamentary Star - white    

Line  33,  at end insert—

 

“(11)    

This section extends to England and Wales only.”

 


 

Christine Jardine

 

Layla Moran

 

NC10

 

To move the following Clause—

 

         

“Automated decision-making concerning a child

 

(1)    

Where a data controller expects to take a significant decision based solely on

 

automated processing which may concern a child, the controller must, before

 

such processing is undertaken—

 

(a)    

deposit a data protection impact assessment with the Commissioner, and

 

(b)    

consult the Commissioner (within the meaning of Article 36 of the

 

GDPR), regardless of measures taken by the controller to mitigate any

 

risk.

 

(2)    

Where, following prior consultation, the Commissioner does not choose to

 

prevent processing on the basis of Article 58(2)(f) of the GDPR, the

 

Commissioner must publish the part or parts of the data protection impact

 

assessment provided under subsection (1), relevant to the reaching of that

 

decision.

 

(3)    

The Commissioner must produce and publish a list of safeguards to be applied by

 

data controllers where any significant decision based solely on automated

 

processing may concern a child.

 

(4)    

For the purposes of this section, the meaning of “child” is determined by the age

 

of lawful processing under Article 8 of the GDPR and section 9 of this Act.”

 



 
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Revised 04 May 2018