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SUPPLEMENT TO THE VOTES AND PROCEEDINGS

Tuesday 15 May 2018

Proceedings

on Consideration of Lords Message

Data Protection Bill [Lords]

On Consideration of Lords Message

Glossary

This document shows the fate of each clause, schedule, amendment and new clause.

The following terms are used:

Agreed to: agreed without a vote.

Agreed to on division: agreed following a vote.

Negatived: rejected without a vote.

Negatived on division: rejected following a vote.

Not called: debated in a group of amendments, but not put to a decision.

Not moved: not debated or put to a decision.

Question proposed: debate underway but not concluded.

Withdrawn after debate: moved and debated but then withdrawn, so not put to a decision.

Not selected: not chosen for debate by the Speaker.

MANUSCRIPT MOTION

Lords Amendment No. 62B

Secretary Matt Hancock                                          Agreed to on division

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

Proceedings on Consideration of Lords Message: 15 May 2018  

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Data Protection Bill-[Lords], continued

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

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

journalism) inserted by Commons Amendment No. 109 and amendments (c) to (f) to the

Bill in lieu of the Lords Amendment:—

(za)

Line  3,  leave out paragraph (a) and insert—

“(a)    

review the extent to which, during each review period, the processing of

personal data for the purposes of journalism complied with—

(i)    

the data protection legislation, and

(ii)    

good practice in the processing of personal data for the purposes

of journalism,”

(zb)

Line  8,  leave out ““The review period” means” and insert “In this section—

“review period” means—

(a)    

”

(zc)

Line  9,  at end insert “and

(b)    

each subsequent period of 5 years beginning with the day after

the day on which the previous review period ended;

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

journalism” has the same meaning as in section (Data protection and

journalism code).”

(zd)

Line  10,  leave out subsection (3) and insert—

“(3)    

The Commissioner must start a review under this section, in respect of a review

period, within the period of 6 months beginning when the review period ends.

(3A)    

The Commissioner must submit the report of a review under this section to the

Secretary of State—

(a)    

in the case of the first review, before the end of the period of 18 months

beginning when the Commissioner started the review, and

(b)    

in the case of each subsequent review, before the end of the period of 12

months beginning when the Commissioner started the review.”

(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.”

(c)

Page  101,  line  41,  at end insert the following new Clause—

“Effectiveness of the media’s dispute resolution procedures

(1)    

The Secretary of State must, before the end of each review period, lay before

Parliament a report produced by the Secretary of State or an appropriate person

on—

(a)    

the use of relevant alternative dispute resolution procedures, during that

period, in cases involving a failure, or alleged failure, by a relevant media

organisation to comply with the data protection legislation, and

(b)    

the effectiveness of those procedures in such cases.

(2)    

In this section—

“appropriate person” means a person who the Secretary of State considers

has appropriate experience and skills to produce a report described in

subsection (1);

“relevant alternative dispute resolution procedures” means alternative

dispute resolution procedures provided by persons who produce or

enforce codes of practice for relevant media organisations;

Proceedings on Consideration of Lords Message: 15 May 2018  

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Data Protection Bill-[Lords], continued

“relevant media organisation” means a body or other organisation whose

activities consist of or include journalism, other than a broadcaster;

“review period” means—

(a)    

the period of 3 years beginning when this Act is passed, and

(b)    

each subsequent period of 3 years.

(3)    

The Secretary of State must send a copy of the report to—

(a)    

the Scottish Ministers,

(b)    

the Welsh Ministers, and

(c)    

the Executive Office in Northern Ireland.”

(d)

Page  120,  line  32,  leave out “subsection (2)” and insert “subsections (2) and (2A)”

(e)

Page  121,  line  4,  at end insert—

“(2A)    

The following provisions come into force at the end of the period of 2 months

beginning when this Act is passed—

(a)    

section (Data protection and journalism code);

(b)    

sections 125, 126 and 127, so far as they relate to a code prepared under

section (Data protection and journalism code);

(c)    

section (Guidance about how to seek redress against media

organisations);

(d)    

section (Review of processing of personal data for the purposes of

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

purposes of journalism);

(e)    

section (Effectiveness of the media’s dispute resolution procedures).”

(f)

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

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

Interpretation

1          

In this Schedule—

“relevant period” means—

(a)    

the period of 18 months beginning when the Commissioner starts

the first review under section (Review of processing of personal

data for the purposes of journalism), and

(b)    

the period of 12 months beginning when the Commissioner starts

a subsequent review under that section;

“the relevant review”, in relation to a relevant period, means the review

under section (Review of processing of personal data for the purposes

of journalism) which the Commissioner must produce a report about

by the end of that period.

Information notices

2    (1)  

This paragraph applies where the Commissioner gives an information notice

during a relevant period.

      (2)  

If the information notice—

(a)    

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

for the purposes of the relevant review, and

(b)    

gives the Commissioner’s reasons for reaching that opinion,

Proceedings on Consideration of Lords Message: 15 May 2018  

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Data Protection Bill-[Lords], continued

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 a 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 relevant 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 a 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

4          

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).”