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Data Protection Bill [HL] |
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LORDS AMENDMENT INSTEAD OF WORDS LEFT OUT BY A Commons |
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[The page and line refer to Bill 153, the Bill as first printed for the Commons] |
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LORDS AGREEMENT AND AMENDMENT INSTEAD OF WORDS LEFT OUT OF THE BILL |
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The Lords agree with the Commons in their Amendment 62, and propose Amendment 62B |
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instead of the words so left out of the Bill— |
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Insert the following new Clause— |
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| “Data protection breaches by national news publishers |
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(1) | The Secretary of State must, within the period of three months beginning |
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with the day on which this Act is passed, establish an inquiry under the |
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Inquiries Act 2005 into allegations of data protection breaches committed |
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by or on behalf of national news publishers and other media organisations. |
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(2) | Before setting the terms of reference of and other arrangements for the |
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inquiry the Secretary of State must— |
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(a) | consult the Scottish Ministers with a view to ensuring, in particular, |
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that the inquiry will consider the separate legal context and other |
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circumstances of Scotland; |
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(b) | consult Northern Ireland Ministers and members of the Northern |
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Ireland Assembly with a view to ensuring, in particular, that the |
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inquiry will consider the separate legal context and other |
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circumstances of Northern Ireland; |
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| (c) | consult persons appearing to the Secretary of State to represent the |
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| interests of victims of data protection breaches committed by, on |
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| behalf of or in relation to, national news publishers and other media |
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| (d) | consult persons appearing to the Secretary of State to represent the |
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| interests of national news publishers and other media organisations |
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| (having regard in particular to organisations representing |
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| (3) | The terms of reference for the inquiry must include requirements— |
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| (a) | to inquire into the extent of unlawful or improper conduct by or on |
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| behalf of national news publishers and other media organisations |
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| in respect of personal data; |
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| (b) | to inquire into the extent of corporate governance and management |
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| failures and the role, if any, of politicians, public servants and |
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| others in relation to failures to investigate wrongdoing at media |
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| organisations within the scope of the inquiry; |
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| (c) | to review the protections and provisions around media coverage of |
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| individuals subject to police inquiries, including the policy and |
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| practice of naming suspects of crime prior to any relevant charge or |
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| (d) | to investigate the dissemination of information and news, including |
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| false news stories, by social media organisations using personal |
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| (e) | to consider the adequacy of the current regulatory arrangements |
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| and the resources, powers and approach of the Information |
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| Commissioner and any other relevant authorities in relation to— |
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| (i) | the news publishing industry (except in relation to entities |
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| regulated by Ofcom) across all platforms and in the light of |
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| (ii) | social media companies; |
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| (f) | to make such recommendations as appear to the inquiry to be |
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| appropriate for the purpose of ensuring that the privacy rights of |
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| individuals are balanced with the right to freedom of expression, |
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| while supporting the integrity and freedom of the press, and its |
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| independence (including independence from Government), and |
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| encouraging the highest ethical and professional standards. |
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| (4) | In setting the terms of reference for the inquiry the Secretary of State |
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| (a) | have regard to the current context of the news, publishing and |
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| (b) | set appropriate parameters for determining which allegations are to |
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| (c) | determine the meaning and scope of references to “national news |
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| publishers” and “other media organisations” for the purposes of the |
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| inquiry under this section; and |
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| (d) | include exemptions or limitations designed to exclude local and |
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| regional publishers from the scope of the inquiry. |
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| (5) | Before complying with subsection (4) the Secretary of State must consult |
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| the judge or other person whom they intend to invite to chair the inquiry. |
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| (a) | may, so far as it considers appropriate, consider evidence given to |
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| previous public inquiries; |
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| (b) | may, so far as it considers appropriate, take account of the findings |
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| of and evidence given to previous public inquiries (and the inquiry |
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| must consider using this power for the purpose of avoiding the |
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| waste of public resources); and |
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| (c) | must, in particular, consider to what extent previous public |
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| inquiries have investigated, and made findings in relation to, |
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| events in connection with Northern Ireland within the inquiry’s |
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| terms of reference, and must take such further evidence and make |
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| such further recommendations in respect of those matters as the |
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| inquiry considers appropriate. |
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| (7) | This section comes into force on the passing of this Act.” |
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