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Data Protection Bill [HL] |
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Commons disagreement TO and amendments in lieu of a LORDS |
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[The page and line references in amendments 62BC to 62BF are to Bill 153, the Bill as first printed for the Commons] |
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62 | |
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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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62B | 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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| COMMONS DISAGREEMENT AND AMENDMENTS IN LIEU |
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| The Commons disagree to Lords Amendment 62B proposed instead of the words |
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| left out of the Bill by Commons Amendment 62 but propose amendments 62BZA |
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| to 62BA to Clause (Review of processing of personal data for the purposes of |
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| journalism) inserted by Commons Amendment 109 and amendments 62BC to |
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| 62BF to the Bill in lieu of the Lords Amendment— |
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109 | Insert the following new Clause— |
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| “Review of processing of personal data for the purposes of journalism |
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| (1) | The Commissioner must— |
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| (a) | review the extent to which the processing of personal data for the |
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| purposes of journalism complied with the data protection |
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| legislation during the review period, |
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| (b) | prepare a report of the review, and |
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| (c) | submit the report to the Secretary of State. |
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| (2) | “The review period” means the period of 4 years beginning with the day on |
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| which Chapter 2 of Part 2 of this Act comes into force. |
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| (3) | The Commissioner must— |
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| (a) | start the review within the period of 6 months beginning when the |
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| (b) | submit the report to the Secretary of State before the end of the |
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| period of 18 months beginning when the Commissioner started the |
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| (4) | The report must include consideration of the extent of compliance (as |
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| described in subsection (1)(a)) in each part of the United Kingdom. |
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| (5) | The Secretary of State must— |
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| (a) | lay the report before Parliament, and |
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| (b) | send a copy of the report to— |
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| (i) | the Scottish Ministers, |
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| (ii) | the Welsh Ministers, and |
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| (iii) | the Executive Office in Northern Ireland.” |
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| AMENDMENTS TO COMMONS AMENDMENT 109 |
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62BZA | Line 4, leave out paragraph (a) and insert— |
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| “(a) | review the extent to which, during each review period, the |
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| processing of personal data for the purposes of journalism |
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| (i) | the data protection legislation, and |
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| (ii) | good practice in the processing of personal data for the |
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62BZB | Line 9, leave out ““The review period” means” and insert “In this section— |
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62BZC | Line 10, at end insert “and |
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| (b) | each subsequent period of 5 years beginning with the day |
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| after the day on which the previous review period ended; |
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| “good practice in the processing of personal data for the purposes of |
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| journalism” has the same meaning as in section (Data protection |
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62BZD | Line 10, at end insert “and |
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| “(3) | The Commissioner must start a review under this section, in respect of a |
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| review period, within the period of 6 months beginning when the review |
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| (3A) | The Commissioner must submit the report of a review under this section to |
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| (a) | in the case of the first review, before the end of the period of 18 |
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| months beginning when the Commissioner started the review, and |
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| (b) | in the case of each subsequent review, before the end of the period |
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| of 12 months beginning when the Commissioner started the |
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62BA | |
| “( ) | Schedule (Review of processing of personal data for the purposes of |
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| journalism) makes further provision for the purposes of the review under |
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62BC | Insert the following new Clause— |
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| “Effectiveness of the media’s dispute resolution procedures |
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| (1) | The Secretary of State must, before the end of each review period, lay |
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| before Parliament a report produced by the Secretary of State or an |
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| (a) | the use of relevant alternative dispute resolution procedures, |
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| during that period, in cases involving a failure, or alleged failure, by |
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| a relevant media organisation to comply with the data protection |
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| (b) | the effectiveness of those procedures in such cases. |
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| “appropriate person” means a person who the Secretary of State |
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| considers has appropriate experience and skills to produce a report |
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| described in subsection (1); |
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| “relevant alternative dispute resolution procedures” means |
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| alternative dispute resolution procedures provided by persons who |
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| produce or enforce codes of practice for relevant media |
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| “relevant media organisation” means a body or other organisation |
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| whose activities consist of or include journalism, other than a |
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| (a) | the period of 3 years beginning when this Act is passed, and |
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| (b) | each subsequent period of 3 years. |
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| (3) | The Secretary of State must send a copy of the report to— |
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| (a) | the Scottish Ministers, |
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| (b) | the Welsh Ministers, and |
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| (c) | the Executive Office in Northern Ireland.” |
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62BD | Page 120, line 32, leave out “subsection (2)” and insert “subsections (2) and (2A)” |
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62BE | Page 121, line 4, at end insert— |
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| “(2A) | The following provisions come into force at the end of the period of 2 |
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| months beginning when this Act is passed— |
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| (a) | section (Data protection and journalism code); |
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| (b) | sections 125, 126 and 127, so far as they relate to a code prepared |
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| under section (Data protection and journalism code); |
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| (c) | section (Guidance about how to seek redress against media |
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| (d) | section (Review of processing of personal data for the purposes of |
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| journalism) and Schedule (Review of processing of personal data |
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| for the purposes of journalism); |
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| (e) | section (Effectiveness of the media’s dispute resolution |
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62BF | Insert the following new Schedule— |
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“Review of processing of personal data for the purposes of journalism |
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(a) | the period of 18 months beginning when the Commissioner |
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| starts the first review under section (Review of processing of |
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| personal data for the purposes of journalism), and |
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(b) | the period of 12 months beginning when the Commissioner |
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| starts a subsequent review under that section; |
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| “the relevant review”, in relation to a relevant period, means the |
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| review under section (Review of processing of personal data for |
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| the purposes of journalism) which the Commissioner must |
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| produce a report about by the end of that period. |
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| 2 (1) | This paragraph applies where the Commissioner gives an information |
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| notice during a relevant period. |
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| (2) | If the information notice— |
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| (a) | states that, in the Commissioner’s opinion, the information is |
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| required for the purposes of the relevant review, and |
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| (b) | gives the Commissioner’s reasons for reaching that opinion, |
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| | subsections (5) and (6) of section 143 do not apply but the notice must not |
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| require the information to be provided before the end of the period of 24 |
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| hours beginning when the notice is given. |
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| 3 (1) | Sub-paragraph (2) applies where the Commissioner gives an assessment |
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| notice to a person during a relevant period. |
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| (2) | If the assessment notice— |
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| (a) | states that, in the Commissioner’s opinion, it is necessary for the |
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| controller or processor to comply with a requirement in the |
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| notice for the purposes of the relevant review, and |
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| (b) | gives the Commissioner’s reasons for reaching that opinion, |
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| | subsections (6) and (7) of section 146 do not apply but the notice must not |
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| require the controller or processor to comply with the requirement |
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| before the end of the period of 7 days beginning when the notice is given. |
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| (3) | During a relevant period, section 147 has effect as if for subsection (5) |
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| “(5) | The Commissioner may not give a controller or processor an |
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| assessment notice with respect to the processing of personal data |
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| for the special purposes unless a determination under section 174 |
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| with respect to the data or the processing has taken effect.” |
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| Applications in respect of urgent notices |
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| 4 | Section (Applications in respect of urgent notices) applies where an |
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| information notice or assessment notice contains a statement under |
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| paragraph 2(2)(a) or 3(2)(a) as it applies where such a notice contains a |
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| statement under section 143(7)(a) or 146(8)(a).” |
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