Data Protection Bill [H.L.]

House of Commons portcullis

House of Commons

Session 1997-98
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Other Bills before Parliament

Data Protection Bill [H.L.]

This is the text of the Data Protection Bill [H.L.], as passed by the House of Lords and introduced in the House of Commons on 25 March 1998.

EXPLANATORY AND FINANCIAL MEMORANDUM

Data Protection Bill [H.L.]

ARRANGEMENT OF CLAUSES

PART I

PRELIMINARY

Clause

1. Basic interpretative provisions.

2. Sensitive personal data.

3. The special purposes.

4. The data protection principles.

5. Application of Act.

6. The Commissioner and the Tribunal.

PART II

RIGHTS OF DATA SUBJECTS AND OTHERS

7. Right of access to personal data.

8. Provisions supplementary to section 7.

9. Right to prevent processing likely to cause damage or distress.

10. Right to prevent processing for purposes of direct marketing.

11. Compensation for failure to comply with certain requirements.

12. Rectification, blocking, erasure and destruction.

13. Rights in relation to automated decision-taking.

14. Jurisdiction and procedure.

PART III

NOTIFICATION BY DATA CONTROLLERS

15. Preliminary.

16. Prohibition on processing without registration.

17. Notification by data controllers.

18. Register of notifications.

19. Duty to notify changes.

20. Offences.

21. Preliminary assessment by Commissioner.

22. Power to make provision for appointment of data protection supervisors.

23. Duty of certain data controllers to make certain information available.

24. Functions of Commissioner in relation to making of notification regulations.

25. Fees regulations.

PART IV

EXEMPTIONS

26. Preliminary.

27. National security.

28. Crime and taxation.

29. Health and social work.

30. Regulatory activity.

31. Journalism, literature and art.

32. Research, history and statistics.

33. Information available to the public by or under enactment.

34. Disclosures required by law or made in connection with legal proceedings etc.

35. Domestic purposes.

36. Miscellaneous exemptions.

37. Powers to make further exemptions by order.

38. Transitional relief.

PART V

ENFORCEMENT

39. Enforcement notices.

40. Cancellation of enforcement notice.

41. Request for assessment.

42. Information notices.

43. Special information notices.

44. Determination by Commissioner as to the special purposes.

45. Restriction on enforcement in case of processing for the special purposes.

46. Failure to comply with notice.

47. Rights of appeal.

48. Determination of appeals.

49. Powers of entry and inspection.

PART VI

MISCELLANEOUS AND GENERAL

Functions of Commissioner

50. General duties of Commissioner.

51. Reports and codes of practice to be laid before Parliament.

52. Assistance by Commissioner in cases involving processing for the special purposes.

53. International co-operation.

Unlawful obtaining etc. of personal data

54. Unlawful obtaining etc. of personal data.

Information provided to Commissioner or Tribunal

55. Disclosure of information.

56. Confidentiality of information.

General provisions relating to offences

57. Prosecutions and penalties.

58. Liability of directors etc.

Amendments of Consumer Credit Act 1974

59. Amendments of Consumer Credit Act 1974.

General

60. Application to Crown.

61. Service of notices.

62. Exercise of rights in Scotland by children.

63. Orders, regulations and rules.

64. Supplementary definitions.

65. Index of defined expressions.

66. Modifications of Act.

67. Transitional provisions and savings.

68. Minor and consequential amendments and repeals and revocations.

69. Short title, commencement and extent.

SCHEDULES

    Schedule 1 - The data protection principles.

    Part I - The principles.

    Part II - Interpretation of the principles in Part I.

    Schedule 2 - Conditions relevant for purposes of the first principle: processing of any personal data.

    Schedule 3 - Conditions relevant for purposes of the first principle: processing of sensitive personal data.

    Schedule 4 - Cases where the eighth principle does not apply.

    Schedule 5 - The Data Protection Commissioner and the Data Protection Tribunal.

    Part I - The Commissioner.

    Part II - The Tribunal.

    Part III - Transitional provisions.

    Schedule 6 - Appeal proceedings.

    Schedule 7 - Miscellaneous exemptions.

    Schedule 8 - Transitional relief.

    Part I - Interpretation of Schedule.

    Part II - Exemptions available before 24th October 2001.

    Part III - Exemptions available after 23rd October 2001 but before 24th October 2007.

    Part IV - Exemptions after 23rd October 2001 for historical research.

    Schedule 9 - Powers of entry and inspection.

    Schedule 10 - Further provisions relating to assistance under section 52.

    Schedule 11 - Modifications of Act having effect after 23rd October 2001 but before 24th October 2007.

    Schedule 12 - Transitional provisions and savings.

    Schedule 13 - Minor and consequential amendments.

    Schedule 14 - Repeals and revocations.

    Part I - Repeals.

    Part II - Revocations.

© Parliamentary copyright 1998
Prepared 26 March 1998