Data Protection Bill [HL]

Commons disagreement TO and amendments in lieu of a LORDS

AMENDMENT

[The page and line references in amendments 62BC to 62BF are to Bill 153, the Bill as first printed for the
Commons]

COMMONS AMENDMENT 62

Clause 142

Leave out Clause 142

LORDS AGREEMENT AND AMENDMENT INSTEAD OF WORDS LEFT OUT OF THE BILL

The Lords agree with the Commons in their Amendment 62, and propose Amendment 62B

instead of the words so left out of the Bill—

After Clause 141

Insert the following new Clause—

“Data protection breaches by national news publishers

(1)    

The Secretary of State must, within the period of three months beginning

with the day on which this Act is passed, establish an inquiry under the

Inquiries Act 2005 into allegations of data protection breaches committed

by or on behalf of national news publishers and other media organisations.

(2)    

Before setting the terms of reference of and other arrangements for the

inquiry the Secretary of State must—

(a)    

consult the Scottish Ministers with a view to ensuring, in particular,

that the inquiry will consider the separate legal context and other

circumstances of Scotland;

(b)    

consult Northern Ireland Ministers and members of the Northern

Ireland Assembly with a view to ensuring, in particular, that the

inquiry will consider the separate legal context and other

circumstances of Northern Ireland;

(c)    

consult persons appearing to the Secretary of State to represent the

interests of victims of data protection breaches committed by, on

behalf of or in relation to, national news publishers and other media

organisations; and

(d)    

consult persons appearing to the Secretary of State to represent the

interests of national news publishers and other media organisations

(having regard in particular to organisations representing

journalists).

(3)    

The terms of reference for the inquiry must include requirements—

(a)    

to inquire into the extent of unlawful or improper conduct by or on

behalf of national news publishers and other media organisations

in respect of personal data;

(b)    

to inquire into the extent of corporate governance and management

failures and the role, if any, of politicians, public servants and

others in relation to failures to investigate wrongdoing at media

organisations within the scope of the inquiry;

(c)    

to review the protections and provisions around media coverage of

individuals subject to police inquiries, including the policy and

practice of naming suspects of crime prior to any relevant charge or

conviction;

(d)    

to investigate the dissemination of information and news, including

false news stories, by social media organisations using personal

data;

(e)    

to consider the adequacy of the current regulatory arrangements

and the resources, powers and approach of the Information

Commissioner and any other relevant authorities in relation to—

(i)    

the news publishing industry (except in relation to entities

regulated by Ofcom) across all platforms and in the light of

experience since 2012;

(ii)    

social media companies;

(f)    

to make such recommendations as appear to the inquiry to be

appropriate for the purpose of ensuring that the privacy rights of

individuals are balanced with the right to freedom of expression,

while supporting the integrity and freedom of the press, and its

independence (including independence from Government), and

encouraging the highest ethical and professional standards.

(4)    

In setting the terms of reference for the inquiry the Secretary of State

must—

(a)    

have regard to the current context of the news, publishing and

general media industry;

(b)    

set appropriate parameters for determining which allegations are to

be considered;

(c)    

determine the meaning and scope of references to “national news

publishers” and “other media organisations” for the purposes of the

inquiry under this section; and

(d)    

include exemptions or limitations designed to exclude local and

regional publishers from the scope of the inquiry.

(5)    

Before complying with subsection (4) the Secretary of State must consult

the judge or other person whom they intend to invite to chair the inquiry.

(6)    

The inquiry—

(a)    

may, so far as it considers appropriate, consider evidence given to

previous public inquiries;

(b)    

may, so far as it considers appropriate, take account of the findings

of and evidence given to previous public inquiries (and the inquiry

must consider using this power for the purpose of avoiding the

waste of public resources); and

(c)    

must, in particular, consider to what extent previous public

inquiries have investigated, and made findings in relation to,

events in connection with Northern Ireland within the inquiry’s

terms of reference, and must take such further evidence and make

such further recommendations in respect of those matters as the

inquiry considers appropriate.

(7)    

This section comes into force on the passing of this Act.”

COMMONS DISAGREEMENT AND AMENDMENTS IN LIEU

The Commons disagree to Lords Amendment 62B proposed instead of the words

left out of the Bill by Commons Amendment 62 but propose amendments 62BZA

to 62BA to Clause (Review of processing of personal data for the purposes of

journalism) inserted by Commons Amendment 109 and amendments 62BC to

62BF to the Bill in lieu of the Lords Amendment—

COMMONS AMENDMENT 109

Insert the following new Clause—

“Review of processing of personal data for the purposes of journalism

(1)    

The Commissioner must—

(a)    

review the extent to which the processing of personal data for the

purposes of journalism complied with the data protection

legislation during the review period,

(b)    

prepare a report of the review, and

(c)    

submit the report to the Secretary of State.

(2)    

“The review period” means the period of 4 years beginning with the day on

which Chapter 2 of Part 2 of this Act comes into force.

(3)    

The Commissioner must—

(a)    

start the review within the period of 6 months beginning when the

review period ends, and

(b)    

submit the report to the Secretary of State before the end of the

period of 18 months beginning when the Commissioner started the

review.

(4)    

The report must include consideration of the extent of compliance (as

described in subsection (1)(a)) in each part of the United Kingdom.

(5)    

The Secretary of State must—

(a)    

lay the report before Parliament, and

(b)    

send a copy of the report to—

(i)    

the Scottish Ministers,

(ii)    

the Welsh Ministers, and

(iii)    

the Executive Office in Northern Ireland.”

AMENDMENTS TO COMMONS AMENDMENT 109

Line 4, leave out paragraph (a) and insert—

“(a)    

review the extent to which, during each review period, the

processing of personal data for the purposes of journalism

complied with—

(i)    

the data protection legislation, and

(ii)    

good practice in the processing of personal data for the

purposes of journalism,”

Line 9, leave out ““The review period” means” and insert “In this section—

“review period” means—

(a)    

”

Line 10, at end insert “and

(b)    

each subsequent period of 5 years beginning with the day

after the day on which the previous review period ended;

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

journalism” has the same meaning as in section (Data protection

and journalism code).”

Line 10, at end insert “and

“(3)    

The Commissioner must start a review under this section, in respect of a

review period, within the period of 6 months beginning when the review

period ends.

(3A)    

The Commissioner must submit the report of a review under this section to

the Secretary of State—

(a)    

in the case of the first review, before the end of the period of 18

months beginning when the Commissioner started the review, and

(b)    

in the case of each subsequent review, before the end of the period

of 12 months beginning when the Commissioner started the

review.”

Line 24, at end insert—

“( )    

Schedule (Review of processing of personal data for the purposes of

journalism) makes further provision for the purposes of the review under

this section.”

AMENDMENTS TO THE BILL

After Clause 176

Insert the following new Clause—

“Effectiveness of the media’s dispute resolution procedures

(1)    

The Secretary of State must, before the end of each review period, lay

before Parliament a report produced by the Secretary of State or an

appropriate person on—

(a)    

the use of relevant alternative dispute resolution procedures,

during that period, in cases involving a failure, or alleged failure, by

a relevant media organisation to comply with the data protection

legislation, and

(b)    

the effectiveness of those procedures in such cases.

(2)    

In this section—

“appropriate person” means a person who the Secretary of State

considers has appropriate experience and skills to produce a report

described in subsection (1);

“relevant alternative dispute resolution procedures” means

alternative dispute resolution procedures provided by persons who

produce or enforce codes of practice for relevant media

organisations;

“relevant media organisation” means a body or other organisation

whose activities consist of or include journalism, other than a

broadcaster;

“review period” means—

(a)    

the period of 3 years beginning when this Act is passed, and

(b)    

each subsequent period of 3 years.

(3)    

The Secretary of State must send a copy of the report to—

(a)    

the Scottish Ministers,

(b)    

the Welsh Ministers, and

(c)    

the Executive Office in Northern Ireland.”

Clause 205

Page 120, line 32, leave out “subsection (2)” and insert “subsections (2) and (2A)”

Page 121, line 4, at end insert—

“(2A)    

The following provisions come into force at the end of the period of 2

months beginning when this Act is passed—

(a)    

section (Data protection and journalism code);

(b)    

sections 125, 126 and 127, so far as they relate to a code prepared

under section (Data protection and journalism code);

(c)    

section (Guidance about how to seek redress against media

organisations);

(d)    

section (Review of processing of personal data for the purposes of

journalism) and Schedule (Review of processing of personal data

for the purposes of journalism);

(e)    

section (Effectiveness of the media’s dispute resolution

procedures).”

After Schedule 16

Insert the following new Schedule—

“Review of processing of personal data for the purposes of journalism

Interpretation

1          

In this Schedule—

“relevant period” means—

(a)    

the period of 18 months beginning when the Commissioner

starts the first review under section (Review of processing of

personal data for the purposes of journalism), and

(b)    

the period of 12 months beginning when the Commissioner

starts a subsequent review under that section;

“the relevant review”, in relation to a relevant period, means the

review under section (Review of processing of personal data for

the purposes of journalism) which the Commissioner must

produce a report about by the end of that period.

Information notices

2    (1)  

This paragraph applies where the Commissioner gives an information

notice during a relevant period.

      (2)  

If the information notice—

(a)    

states that, in the Commissioner’s opinion, the information is

required for the purposes of the relevant review, and

(b)    

gives the Commissioner’s reasons for reaching that opinion,

subsections (5) and (6) of section 143 do not apply but the notice must not

require the information to be provided before the end of the period of 24

hours beginning when the notice is given.

Assessment notices

3    (1)  

Sub-paragraph (2) applies where the Commissioner gives an assessment

notice to a person during a relevant period.

      (2)  

If the assessment notice—

(a)    

states that, in the Commissioner’s opinion, it is necessary for the

controller or processor to comply with a requirement in the

notice for the purposes of the relevant review, and

(b)    

gives the Commissioner’s reasons for reaching that opinion,

subsections (6) and (7) of section 146 do not apply but the notice must not

require the controller or processor to comply with the requirement

before the end of the period of 7 days beginning when the notice is given.

      (3)  

During a relevant period, section 147 has effect as if for subsection (5)

there were substituted—

“(5)    

The Commissioner may not give a controller or processor an

assessment notice with respect to the processing of personal data

for the special purposes unless a determination under section 174

with respect to the data or the processing has taken effect.”

Applications in respect of urgent notices

4          

Section (Applications in respect of urgent notices) applies where an

information notice or assessment notice contains a statement under

paragraph 2(2)(a) or 3(2)(a) as it applies where such a notice contains a

statement under section 143(7)(a) or 146(8)(a).”