Data Protection Bill [HL]

Commons amendments

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

Clause 3

1

Page 2, line 25, leave out “personal data” and insert “information”

2

Page 2, line 26, leave out “personal data, or on sets of personal data” and insert

 

“information, or on sets of information”

3

Page 2, line 41, after “83” insert “and see also subsection (14)(c)”

4

Page 3, line 27, at end insert —

 

“(aa)    

references to Chapter 2 of Part 2, or to a provision of that Chapter,

 

include that Chapter or that provision as applied by Chapter 3 of

 

Part 2;”

5

Page 3, line 28, leave out “processing and personal data are to processing and

 

personal data” and insert “personal data, and the processing of personal data, are

 

to personal data and processing”

6

Page 3, line 29, at end insert —

 

“(c)    

references to a controller or processor are to a controller or

 

processor in relation to the processing of personal data to which

 

Chapter 2 or 3 of Part 2, Part 3 or Part 4 applies.”

Clause 7

7

Page 5, line 8, leave out “a body specified” and insert “body specified or described”

8

Page 5, line 9, after “(2)” insert “, (2A)”

9

Page 5, line 11, after “body”” insert “for the purposes of the GDPR”

10

Page 5, line 12, at end insert—

 

“(2A)    

The references in subsection (1)(a) and (b) to public authorities and Scottish

 

public authorities as defined by the Freedom of Information Act 2000 and

 

the Freedom of Information (Scotland) Act 2002 (asp 13) do not include any

 

of the following that fall within those definitions—

 

(a)    

a parish council in England;

 

(b)    

a community council in Wales;

 

(c)    

a community council in Scotland;

 
 

 
 

2

 
 

(d)    

a parish meeting constituted under section 13 of the Local

 

Government Act 1972;

 

(e)    

a community meeting constituted under section 27 of that Act;

 

(f)    

charter trustees constituted—

 

(i)    

under section 246 of that Act,

 

(ii)    

under Part 1 of the Local Government and Public

 

Involvement in Health Act 2007, or

 

(iii)    

by the Charter Trustees Regulations 1996 (S.I. 1996/263).”

11

Page 5, line 13, after “specified” insert “or described”

Clause 8

12

Page 5, line 29, at end insert—

 

“( )    

an activity that supports or promotes democratic engagement.”

Clause 14

13

Page 8, line 4, leave out “21 days” and insert “1 month”

14

Page 8, leave out line 10 and insert “within the period described in Article 12(3) of

 

the GDPR—”

15

Page 8, line 16, at end insert—

 

“(5A)    

In connection with this section, a controller has the powers and obligations

 

under Article 12 of the GDPR (transparency, procedure for extending time

 

for acting on request, fees, manifestly unfounded or excessive requests etc)

 

that apply in connection with Article 22 of the GDPR.”

Clause 15

16

Page 8, line 31, after “21” insert “and 34”

17

Page 8, line 34, after “21” insert “and 34”

Clause 17

18

Page 10, line 16, leave out “authority” and insert “body”

Clause 19

19

Page 12, line 2, leave out “(d)” and insert “(e)”

Clause 21

20

Page 12, line 24, leave out “to which Part 3 (law enforcement processing) or” and

 

insert “by a competent authority for any of the law enforcement purposes (as

 

defined in Part 3) or processing to which”

Clause 25

21

Page 15, line 40, leave out “individual” and insert “data subject”

 
 

 


 
 

3

 

Clause 30

22

Page 19, line 4, after “specified” insert “or described”

23

Page 19, line 10, leave out from “add” to end of line and insert “or remove a person

 

or description of person”

Clause 41

24

Page 23, line 33, leave out “an individual” and insert “a data subject”

Clause 42

25

Page 24, line 29, leave out “with the day” and insert “when”

Clause 47

26

Page 28, line 20, leave out second “data”

Clause 50

27

Page 30, line 11, leave out “21 days” and insert “1 month”

28

Page 30, line 17, leave out “21 days” and insert “1 month”

Clause 51

29

Page 31, line 2, leave out from first “the” to end of line 3 and insert “restriction

 

imposed by the controller was lawful;”

30

Page 31, line 11, leave out from first “the” to end of line 12 and insert “restriction

 

imposed by the controller was lawful;”

Clause 53

31

Page 31, line 39, leave out “or 47” and insert “, 47 or 50”

32

Page 32, line 4, leave out “or 47” and insert “, 47 or 50”

Clause 54

33

Page 32, line 14, leave out “day” and insert “time”

34

Page 32, line 15, leave out “day” and insert “time”

35

Page 32, line 15, leave out “days”

36

Page 32, line 16, leave out “the day on which” and insert “when”

37

Page 32, line 17, leave out “the day on which” and insert “when”

38

Page 32, line 19, leave out “the day on which” and insert “when”

Clause 94

39

Page 55, line 8, leave out “day” and insert “time”

40

Page 55, line 9, leave out “day” and insert “time”

 
 

 


 
 

4

41

Page 55, line 10, leave out “days”

42

Page 55, line 11, leave out “the day on which” and insert “when”

43

Page 55, line 12, leave out “the day on which” and insert “when”

44

Page 55, line 13, leave out “the day on which” and insert “when”

Clause 97

45

Page 56, line 34, leave out “21 days” and insert “1 month”

46

Page 56, line 39, leave out “21 days” and insert “1 month”

Clause 99

47

Page 57, line 28, leave out “day” and insert “time”

48

Page 58, line 3, leave out “day” and insert “time”

49

Page 58, line 5, leave out “the day on which” and insert “when”

50

Page 58, line 6, leave out “the day on which” and insert “when”

Clause 119

51

Page 65, line 29, at end insert—

 

“( )    

Paragraphs (b) and (c) of section 3(14) do not apply to references in this

 

section to personal data, the processing of personal data, a controller or a

 

processor.”

Clause 120

52

Page 66, line 21, at end insert—

 

“( )    

Section 3(14)(b) does not apply to references to personal data and the

 

processing of personal data in this section.”

Clause 121

53

Leave out Clause 121

Clause 124

54

Page 68, line 24, leave out “with the day on which” and insert “when”

After Clause 124

55

Insert the following new Clause—

 

“Data protection and journalism code

 

(1)    

The Commissioner must prepare a code of practice which contains—

 

(a)    

practical guidance in relation to the processing of personal data for

 

the purposes of journalism in accordance with the requirements of

 

the data protection legislation, and

 
 

 


 
 

5

 
 

(b)    

such other guidance as the Commissioner considers appropriate to

 

promote good practice in the processing of personal data for the

 

purposes of journalism.

 

(2)    

Where a code under this section is in force, the Commissioner may prepare

 

amendments of the code or a replacement code.

 

(3)    

Before preparing a code or amendments under this section, the

 

Commissioner must consult such of the following as the Commissioner

 

considers appropriate—

 

(a)    

trade associations;

 

(b)    

data subjects;

 

(c)    

persons who appear to the Commissioner to represent the interests

 

of data subjects.

 

(4)    

A code under this section may include transitional provision or savings.

 

(5)    

In this section—

 

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

 

journalism” means such practice in the processing of personal data

 

for those purposes as appears to the Commissioner to be desirable

 

having regard to—

 

(a)    

the interests of data subjects and others, including

 

compliance with the requirements of the data protection

 

legislation, and

 

(b)    

the special importance of the public interest in the freedom

 

of expression and information;

 

“trade association” includes a body representing controllers or

 

processors.”

Clause 125

56

Page 69, line 2, leave out “or 124” and insert “, 124 or (Data protection and

 

journalism code)”

57

Page 69, line 9, leave out “with the day on which” and insert “when”

58

Page 69, line 14, leave out “or 124” and insert “, 124 or (Data protection and

 

journalism code)”

59

Page 69, line 21, leave out “or 124” and insert “, 124 or (Data protection and

 

journalism code)”

60

Page 69, line 33, leave out “and 124” and insert “, 124 and (Data protection and

 

journalism code)”

Clause 126

61

Page 70, line 3, leave out “or 124(2)” and insert “, 124(2) or (Data protection and

 

journalism code)(2)”

Clause 142

62

Leave out Clause 142

 
 

 


 
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9 May 2018