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Data Protection Bill [HL] |
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[The page and line refer to Bill 153, the Bill as first printed for the Commons] |
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1 | Page 2, line 25, leave out “personal data” and insert “information” |
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2 | Page 2, line 26, leave out “personal data, or on sets of personal data” and insert |
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| | “information, or on sets of information” |
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3 | Page 2, line 41, after “83” insert “and see also subsection (14)(c)” |
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4 | Page 3, line 27, at end insert — |
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| | “(aa) | references to Chapter 2 of Part 2, or to a provision of that Chapter, |
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| | include that Chapter or that provision as applied by Chapter 3 of |
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5 | Page 3, line 28, leave out “processing and personal data are to processing and |
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| | personal data” and insert “personal data, and the processing of personal data, are |
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| | to personal data and processing” |
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6 | Page 3, line 29, at end insert — |
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| | “(c) | references to a controller or processor are to a controller or |
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| | processor in relation to the processing of personal data to which |
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| | Chapter 2 or 3 of Part 2, Part 3 or Part 4 applies.” |
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7 | Page 5, line 8, leave out “a body specified” and insert “body specified or described” |
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8 | Page 5, line 9, after “(2)” insert “, (2A)” |
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9 | Page 5, line 11, after “body”” insert “for the purposes of the GDPR” |
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10 | Page 5, line 12, at end insert— |
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| | “(2A) | The references in subsection (1)(a) and (b) to public authorities and Scottish |
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| | public authorities as defined by the Freedom of Information Act 2000 and |
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| | the Freedom of Information (Scotland) Act 2002 (asp 13) do not include any |
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| | of the following that fall within those definitions— |
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| | (a) | a parish council in England; |
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| | (b) | a community council in Wales; |
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| | (c) | a community council in Scotland; |
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| | (d) | a parish meeting constituted under section 13 of the Local |
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| | (e) | a community meeting constituted under section 27 of that Act; |
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| | (f) | charter trustees constituted— |
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| | (i) | under section 246 of that Act, |
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| | (ii) | under Part 1 of the Local Government and Public |
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| | Involvement in Health Act 2007, or |
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| | (iii) | by the Charter Trustees Regulations 1996 (S.I. 1996/263).” |
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11 | Page 5, line 13, after “specified” insert “or described” |
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12 | Page 5, line 29, at end insert— |
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| | “( ) | an activity that supports or promotes democratic engagement.” |
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13 | Page 8, line 4, leave out “21 days” and insert “1 month” |
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14 | Page 8, leave out line 10 and insert “within the period described in Article 12(3) of |
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15 | Page 8, line 16, at end insert— |
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| | “(5A) | In connection with this section, a controller has the powers and obligations |
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| | under Article 12 of the GDPR (transparency, procedure for extending time |
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| | for acting on request, fees, manifestly unfounded or excessive requests etc) |
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| | that apply in connection with Article 22 of the GDPR.” |
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16 | Page 8, line 31, after “21” insert “and 34” |
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17 | Page 8, line 34, after “21” insert “and 34” |
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18 | Page 10, line 16, leave out “authority” and insert “body” |
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19 | Page 12, line 2, leave out “(d)” and insert “(e)” |
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20 | Page 12, line 24, leave out “to which Part 3 (law enforcement processing) or” and |
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| | insert “by a competent authority for any of the law enforcement purposes (as |
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| | defined in Part 3) or processing to which” |
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21 | Page 15, line 40, leave out “individual” and insert “data subject” |
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22 | Page 19, line 4, after “specified” insert “or described” |
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23 | Page 19, line 10, leave out from “add” to end of line and insert “or remove a person |
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| | or description of person” |
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24 | Page 23, line 33, leave out “an individual” and insert “a data subject” |
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25 | Page 24, line 29, leave out “with the day” and insert “when” |
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26 | Page 28, line 20, leave out second “data” |
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27 | Page 30, line 11, leave out “21 days” and insert “1 month” |
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28 | Page 30, line 17, leave out “21 days” and insert “1 month” |
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29 | Page 31, line 2, leave out from first “the” to end of line 3 and insert “restriction |
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| | imposed by the controller was lawful;” |
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30 | Page 31, line 11, leave out from first “the” to end of line 12 and insert “restriction |
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| | imposed by the controller was lawful;” |
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31 | Page 31, line 39, leave out “or 47” and insert “, 47 or 50” |
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32 | Page 32, line 4, leave out “or 47” and insert “, 47 or 50” |
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33 | Page 32, line 14, leave out “day” and insert “time” |
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34 | Page 32, line 15, leave out “day” and insert “time” |
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35 | Page 32, line 15, leave out “days” |
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36 | Page 32, line 16, leave out “the day on which” and insert “when” |
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37 | Page 32, line 17, leave out “the day on which” and insert “when” |
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38 | Page 32, line 19, leave out “the day on which” and insert “when” |
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39 | Page 55, line 8, leave out “day” and insert “time” |
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40 | Page 55, line 9, leave out “day” and insert “time” |
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41 | Page 55, line 10, leave out “days” |
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42 | Page 55, line 11, leave out “the day on which” and insert “when” |
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43 | Page 55, line 12, leave out “the day on which” and insert “when” |
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44 | Page 55, line 13, leave out “the day on which” and insert “when” |
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45 | Page 56, line 34, leave out “21 days” and insert “1 month” |
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46 | Page 56, line 39, leave out “21 days” and insert “1 month” |
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47 | Page 57, line 28, leave out “day” and insert “time” |
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48 | Page 58, line 3, leave out “day” and insert “time” |
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49 | Page 58, line 5, leave out “the day on which” and insert “when” |
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50 | Page 58, line 6, leave out “the day on which” and insert “when” |
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51 | Page 65, line 29, at end insert— |
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| | “( ) | Paragraphs (b) and (c) of section 3(14) do not apply to references in this |
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| | section to personal data, the processing of personal data, a controller or a |
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52 | Page 66, line 21, at end insert— |
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| | “( ) | Section 3(14)(b) does not apply to references to personal data and the |
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| | processing of personal data in this section.” |
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53 | |
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54 | Page 68, line 24, leave out “with the day on which” and insert “when” |
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55 | Insert the following new Clause— |
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| | “Data protection and journalism code |
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| | (1) | The Commissioner must prepare a code of practice which contains— |
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| | (a) | practical guidance in relation to the processing of personal data for |
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| | the purposes of journalism in accordance with the requirements of |
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| | the data protection legislation, and |
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| | (b) | such other guidance as the Commissioner considers appropriate to |
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| | promote good practice in the processing of personal data for the |
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| | (2) | Where a code under this section is in force, the Commissioner may prepare |
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| | amendments of the code or a replacement code. |
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| | (3) | Before preparing a code or amendments under this section, the |
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| | Commissioner must consult such of the following as the Commissioner |
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| | (c) | persons who appear to the Commissioner to represent the interests |
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| | (4) | A code under this section may include transitional provision or savings. |
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| | “good practice in the processing of personal data for the purposes of |
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| | journalism” means such practice in the processing of personal data |
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| | for those purposes as appears to the Commissioner to be desirable |
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| | (a) | the interests of data subjects and others, including |
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| | compliance with the requirements of the data protection |
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| | (b) | the special importance of the public interest in the freedom |
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| | of expression and information; |
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| | “trade association” includes a body representing controllers or |
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56 | Page 69, line 2, leave out “or 124” and insert “, 124 or (Data protection and |
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57 | Page 69, line 9, leave out “with the day on which” and insert “when” |
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58 | Page 69, line 14, leave out “or 124” and insert “, 124 or (Data protection and |
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59 | Page 69, line 21, leave out “or 124” and insert “, 124 or (Data protection and |
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60 | Page 69, line 33, leave out “and 124” and insert “, 124 and (Data protection and |
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61 | Page 70, line 3, leave out “or 124(2)” and insert “, 124(2) or (Data protection and |
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