Data Protection Bill [HL]

Explanatory Notes

Annex C – Convention 108

This table maps across the Articles of the draft modernised Convention 108 (available here) to the provisions of Part 4 of the Bill (together with the provisions in Parts 5 to 7 insofar as they relate to Part 4).

Article

Corresponding clause/Schedule or, where applicable, reason why express provision is not required

1

This Article sets out the object and purpose of Convention 108. It does not impose additional obligations on Parties to the Convention; as such, the Article does not require separate implementation.

2

Clauses 2(2) and (4), 81 and 82

3

Clause 80 limits the scope of Part 4 to processing by an intelligence service. Other data processing is governed by the GDPR, applied GDPR and law enforcement schemes.

4

The provisions in Part 4 of the Bill and elsewhere give legislative effect to the provisions of the Convention in relation to processing by an intelligence service. It is not considered necessary to make further legislative provision to give effect to paragraphs 2 and 3 of this Article.

5

Clauses 84 to 88 and Schedule 9

6

Clause 84 and Schedule 10

7

Clauses 89, 105 and 106

7bis

Clause 91

8

Clauses 92 to 98 and paragraph 7 of Schedule 14

8bis

Clauses 100 to 104

9

Clauses 108 to 111 and Schedule 11

10

Part 6

11

This Article enables a Party to the Convention to grant data subjects extended protection than that provided for in the Convention. The GDPR, applied GDPR and LED regimes provide for such extended protection where personal data is being processed by controllers other than the intelligence services.

12

Clause 107

12bis

Clause 114(1)(b) and Schedule 13

13

Clauses 114(1)(b) and 118 and paragraphs 6 and 10 of Schedule 14

14

Paragraph 8 of Schedule 14

15

Paragraph 9 of Schedule 14

16

Paragraph 6 of Schedule 14 imposes a duty on the Commission to co-operate with foreign designated authorities. As a creature of statute, the Commission cannot act in a way incompatible with its powers.

17

As a creature of statute, the Commission may only charge for services where there is express provision for such charges.

18 to 20

These Articles relate to the establishment and operation of a Convention Committee; as such, the Articles do not require separate UK implementation.

21

This Article deals with the procedure for amending the Convention; as such, the Article does not require separate UK implementation.

22

This Article provides for the entry into force of the Convention. The provisions in Part 4 of the Bill will be commenced by regulations – see clause 191.

23 to 27

These Articles make further procedural provision about the implementation of the Convention; they do not require separate UK implementation.

 

Prepared 13th September 2017