Data Protection Bill [HL]

LORDS AMENDMENT INSTEAD OF WORDS LEFT OUT BY A Commons

amendment

[The page and line refer to Bill 153, the Bill as first printed for the Commons]

COMMONS AMENDMENT 62

Clause 142

62

Leave out Clause 142

LORDS AGREEMENT AND AMENDMENT INSTEAD OF WORDS LEFT OUT OF THE BILL

The Lords agree with the Commons in their Amendment 62, and propose Amendment 62B

instead of the words so left out of the Bill—

After Clause 141

62B

Insert the following new Clause—

“Data protection breaches by national news publishers

(1)    

The Secretary of State must, within the period of three months beginning

with the day on which this Act is passed, establish an inquiry under the

Inquiries Act 2005 into allegations of data protection breaches committed

by or on behalf of national news publishers and other media organisations.

(2)    

Before setting the terms of reference of and other arrangements for the

inquiry the Secretary of State must—

(a)    

consult the Scottish Ministers with a view to ensuring, in particular,

that the inquiry will consider the separate legal context and other

circumstances of Scotland;

(b)    

consult Northern Ireland Ministers and members of the Northern

Ireland Assembly with a view to ensuring, in particular, that the

inquiry will consider the separate legal context and other

circumstances of Northern Ireland;

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(c)    

consult persons appearing to the Secretary of State to represent the

interests of victims of data protection breaches committed by, on

behalf of or in relation to, national news publishers and other media

organisations; and

(d)    

consult persons appearing to the Secretary of State to represent the

interests of national news publishers and other media organisations

(having regard in particular to organisations representing

journalists).

(3)    

The terms of reference for the inquiry must include requirements—

(a)    

to inquire into the extent of unlawful or improper conduct by or on

behalf of national news publishers and other media organisations

in respect of personal data;

(b)    

to inquire into the extent of corporate governance and management

failures and the role, if any, of politicians, public servants and

others in relation to failures to investigate wrongdoing at media

organisations within the scope of the inquiry;

(c)    

to review the protections and provisions around media coverage of

individuals subject to police inquiries, including the policy and

practice of naming suspects of crime prior to any relevant charge or

conviction;

(d)    

to investigate the dissemination of information and news, including

false news stories, by social media organisations using personal

data;

(e)    

to consider the adequacy of the current regulatory arrangements

and the resources, powers and approach of the Information

Commissioner and any other relevant authorities in relation to—

(i)    

the news publishing industry (except in relation to entities

regulated by Ofcom) across all platforms and in the light of

experience since 2012;

(ii)    

social media companies;

(f)    

to make such recommendations as appear to the inquiry to be

appropriate for the purpose of ensuring that the privacy rights of

individuals are balanced with the right to freedom of expression,

while supporting the integrity and freedom of the press, and its

independence (including independence from Government), and

encouraging the highest ethical and professional standards.

(4)    

In setting the terms of reference for the inquiry the Secretary of State

must—

(a)    

have regard to the current context of the news, publishing and

general media industry;

(b)    

set appropriate parameters for determining which allegations are to

be considered;

(c)    

determine the meaning and scope of references to “national news

publishers” and “other media organisations” for the purposes of the

inquiry under this section; and

(d)    

include exemptions or limitations designed to exclude local and

regional publishers from the scope of the inquiry.

(5)    

Before complying with subsection (4) the Secretary of State must consult

the judge or other person whom they intend to invite to chair the inquiry.

(6)    

The inquiry—

(a)    

may, so far as it considers appropriate, consider evidence given to

previous public inquiries;

(b)    

may, so far as it considers appropriate, take account of the findings

of and evidence given to previous public inquiries (and the inquiry

must consider using this power for the purpose of avoiding the

waste of public resources); and

(c)    

must, in particular, consider to what extent previous public

inquiries have investigated, and made findings in relation to,

events in connection with Northern Ireland within the inquiry’s

terms of reference, and must take such further evidence and make

such further recommendations in respect of those matters as the

inquiry considers appropriate.

(7)    

This section comes into force on the passing of this Act.”

14 May 2018

LORDS AMENDMENT INSTEAD OF WORDS LEFT OUT BY A

Commons amendment

PUBLISHED BY AUTHORITY OF THE HOUSE OF COMMONS

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