Data Protection (Independent Complaint) Bill [HL] (HL Bill 76)

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A

BILL

TO

Amend the Data Protection Act 2018 to grant representative bodies and
organisations power to exercise independent complaint and remedy rights on
behalf of data subjects.

B e it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—

1 Amendment to the Data Protection Act 2018

(1) The Data Protection Act 2018 is amended as follows.

(2) After Section 187 (representation of data subjects with their authority), insert—

“187A Independent complaint by representative bodies or organisations

(1) 5In relation to the processing of personal data to which the GDPR
applies—

(a) a body or other organisation which meets the conditions set out
in Article 80 of the GDPR may, independently of a data subject’s
authorisation, exercise the rights of a data subject under Article
1077, 78 and 79 of the GDPR (rights to lodge complaints and to an
effective judicial remedy) if it considers that the rights of a data
subject under the GDPR have been infringed as a result of the
processing.

(2) In relation to the processing of personal data to which the GDPR does
15not apply—

(a) a body or other organisation which meets the conditions in
section 187 subsections (3) and (4) may, independently of a data
subject’s authorisation, exercise some or all of the rights of a
data subject set out in section 187(2) paragraphs (a), (b), (c) and
20(d) if it considers that the rights of a data subject have been
infringed as a result of the processing.

(3) In this section “data subject” includes but is not limited to data subjects
who are or may be—

(a) less aware of their rights;

Data Protection (Independent Complaint) Bill [HL] Page 2

(b) less willing to identify themselves as complainants or unable to
identify their rights due to vulnerabilities;

(c) children;

(d) elderly;

(e) 5LGBT+ persons;

(f) persons in strict religious communities;

(g) women in public positions; and

(h) women at risk of domestic abuse and violence.”

2 Extent, commencement and short title

(1) 10 This Act extends to England and Wales, Scotland and Northern Ireland.

(2) This Act comes into force on the day on which it is passed.

(3) This Act may be cited as the Data Protection (Independent Complaint) Act
2020.

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