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House of Commons

Tuesday 15 May 2018

Consideration of Lords Message

New Amendments handed in are marked thus

Data Protection Bill [Lords]

On Consideration of Lords Message

Lords Amendment No. 62B

Secretary Matt Hancock

To move, That this House disagrees to Lords Amendment No. 62B proposed instead

of the words left out of the Bill by Commons Amendment No. 62 but proposes

amendment (a) to Clause (Review of processing of personal data for the purposes of

journalism) inserted by Commons Amendment No. 109 and amendment (b) to the Bill in

lieu of the Lords Amendment:—

(a)

Line  23,  at end insert—

“( )    

Schedule (Review of processing of personal data for the purposes of journalism)

makes further provision for the purposes of the review under this section.”

(b)

Page  203,  line  16,  at end insert the following new Schedule—

“Review of processing of personal data for the purposes of journalism

Interpretation

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In this Schedule—

“the review” means the review under section (Review of processing of

personal data for the purposes of journalism);

“the relevant period” means the period of 18 months beginning when the

Commissioner starts the review.

Information notices

2    (1)  

This paragraph applies where the Commissioner gives an information notice

during the relevant period.

      (2)  

If the information notice—

Consideration of Lords Message: 15 May 2018              

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Data Protection Bill-[Lords], continued

(a)    

states that, in the Commissioner’s opinion, the information is required

for the purposes of the review, and

(b)    

gives the Commissioner’s reasons for reaching that opinion,

subsections (5) and (6) of section 143 do not apply but the notice must not

require the information to be provided before the end of the period of 24 hours

beginning when the notice is given.

Assessment notices

3    (1)  

Sub-paragraph (2) applies where the Commissioner gives an assessment notice

to a person during the relevant period.

      (2)  

If the assessment notice—

(a)    

states that, in the Commissioner’s opinion, it is necessary for the

controller or processor to comply with a requirement in the notice for

the purposes of the review, and

(b)    

gives the Commissioner’s reasons for reaching that opinion,

subsections (6) and (7) of section 146 do not apply but the notice must not

require the controller or processor to comply with the requirement before the

end of the period of 7 days beginning when the notice is given.

      (3)  

During the relevant period, section 147 has effect as if for subsection (5) there

were substituted—

“(5)    

The Commissioner may not give a controller or processor an

assessment notice with respect to the processing of personal data for

the special purposes unless a determination under section 174 with

respect to the data or the processing has taken effect.”

Applications in respect of urgent notices

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Section (Applications in respect of urgent notices) applies where an

information notice or assessment notice contains a statement under paragraph

2(2)(a) or 3(2)(a) as it applies where such a notice contains a statement under

section 143(7)(a) or 146(8)(a).”