House of Commons Public Bill Committee Proceedings

Session 2010 - 12
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Other Bills before Parliament

Public Bill Committee Proceedings: 17 May 2011
70

Protection of Freedoms Bill, continued

‘(1)
In Schedule 2 to the Data Protection Act 1998 (conditions relevant for purposes

of the first principle: processing of any personal data) in paragraph 1 after “his”

there is inserted “explicit”.’.

Power of entry

Mr Tom Watson

John Robertson

Not called  NC3

To move the following Clause:—

‘(1)
After section 50 of the Data Protection Act 1998 insert—

“General Power of Entry and Inspection

50A
Power of Commissioner to Enter and Inspect business premises

(1)
The Commissioner may enter a data controller’s business premises and

inspect—

(a)
the premises,

(b)
any equipment found on the premises which is used or intended

to be used for the processing of personal data, and

(c)
any document or other material found on the premises which

may enable the Commissioner to determine whether the data

controller has complied or is complying with the data protection

principles,


if the inspection is reasonably required for the purpose of checking that

data controller’s compliance with the data protection principles.

(2)
The powers under this section do not include a power to enter or inspect

any part of the premises that is used solely as a dwelling.

(3)
A data controller is not required to produce or permit to be inspected any

material which is exempt under Part IV of this Act.

(4)
Where a document (or a copy of a document) is produced to, or inspected

by, the Commissioner, he may take copies of, or make extracts from, the

document.

(5)
Any person who obstructs the exercise of a power conferred by this

section is guilty of an offence.

(6)
In this section—

(a)
“inspect” in relation to equipment includes the operation or

testing of that equipment.

50B
Carrying out inspections

(1)
An inspection under section 50A may be carried out at any reasonable

time.

(2)
The Commissioner when seeking to carry out an inspection must provide

a notice in writing as follows—

Public Bill Committee Proceedings: 17 May 2011
71

Protection of Freedoms Bill, continued

(a)
if the occupier of the premises is present at the time the

inspection is to begin, the notice must be provided to the

occupier,

(b)
if the occupier of the premises is not present but a person who

appears to the officer to be in charge of the premises is present,

the notice must be provided to that person, and

(c)
in any other case, the notice must be left in a prominent place on

the premises.

(3)
The notice referred to in subsection (2) must state the possible

consequences of obstructing the Commissioner in the exercise of the

power.”’.

Damages

Mr Tom Watson

Not called  NC4

To move the following Clause:—

‘(1)
In section 13(2) of the Data Protection Act 1998—

(a)
leave out “if”, and

(b)
leave out paragraphs (a) and (b).’.

Privacy Commissioner

Mr Tom Watson

John Robertson

Withdrawn  NC5

To move the following Clause:—

‘(1)
The Secretary of State shall appoint a Commissioner to be known as the Privacy

Commissioner (referred to in this section as “the Commissioner”).

(2)
It shall be the duty to the Commissioner to promote respect for individual privacy

and data protection.

(3)
The Commissioner shall have all the duties and functions set out in—

(a)
section 51 of the Data Protection Act 1998 (Data Protection

Commissioner),

(b)
section 57 of the Regulation of Investigatory Powers Act 2000

(Interception of Communications Commissioner),

(c)
section 91 of the Police Act 1997 and section 62 of the Regulation of

Investigatory Powers Act 2000 (Chief Surveillance Commissioner),

(d)
section 20 of this Act (Commissioner for the Retention and Use of

Biometric Material), and

(e)
section 34 of this Act (Surveillance Camera Commissioner).

(4)
The Commissioner shall have all the powers which attach to the offices set out in

subsection (3).

Public Bill Committee Proceedings: 17 May 2011
72

Protection of Freedoms Bill, continued

(5)
The Commissioner shall arrange for the dissemination in such form and manner

as he considers appropriate of such information as it may appear to him expedient

to give to the public about any matter within the scope of his functions under this

Act, and may give advice to any person as to any of those matters.

(6)
Any reference in any enactment, instrument or other document to a person

carrying out the duties and functions set out in subsection (3) shall be construed,

in relation to any time after the commencement of this section, as a reference to

the Commissioner.

(7)
Any appointment made to any of the offices set out in subsection (3) is hereby

terminated.’.

Personal data

Mr Tom Watson

John Robertson

Not called  NC6

To move the following Clause:—

‘(1)
In section 1(1) of the Data Protection Act 1998 (basic interpretative provisions),

for the definition of “personal data” substitute—

““personal data” has the same meaning as in the Data Protection Directive,

but shall not be taken to mean that the information must be biographical

in nature, compromise the privacy of the data subject or have the data

subject as its principal focus.”.’.

Signage required where parking facilities are made available to the public

Mr Tom Watson

Negatived on division  NC7

To move the following Clause:—

‘(1)
Where a facility for parking on private land is made available to the public, or a

specific group of persons, due warning of the terms and conditions for that

parking will be prominently displayed, as a minimum, at all entrances. This must

include, but is not limited to, the following:

(a)
notice of the ban on clamping, towing and immobilisation to highlight

that it is now a criminal offence,

(b)
the hours during which parking is permitted,

(c)
any restriction on who is permitted to park,

(d)
any restriction on the length of time parking is permitted,

(e)
whether any additional consideration is extended to disabled drivers

displaying a blue badge,

(f)
the cost, if any, of parking and any charges made for breach of parking

conditions,

(g)
the manner in which drivers will be informed of any breach of parking

conditions,

Public Bill Committee Proceedings: 17 May 2011
73

Protection of Freedoms Bill, continued

(h)
the full name and contact details, including a geographical address for the

business offering the contract to park.’.

Ticketing of vehicles left on land

Mr Tom Watson

Not called  NC8

To move the following Clause:—

‘(1)
The creditor has the right to claim payment of any unpaid parking charges from

the driver of the vehicle. That right applies only if the following conditions are

met—

(a)
the creditor has the right to enforce against the driver of the vehicle the

terms of the relevant contract which require the unpaid parking charges

to be paid;

(b)
a notice that contains the information specified in sub-paragraph (3

“notice to the driver”) has been given to the driver by or on behalf of the

creditor;

(c)
where the driver challenges whether the correct notice was served at the

time of the claimed infringement, the onus of proof rests with the

creditor.

(2)
The notice must—

(a)
state that by virtue of a contract the driver is required to pay parking

charges in respect of the parking of the vehicle on that land on such day

or days as the notice may specify;

(b)
describe the circumstances in which the contract was formed, the terms

which required the driver to pay those charges and the facts that make

them payable;

(c)
state the total amount of unpaid parking charges due from the driver and

a breakdown of the charges in terms of costs and damages suffered (as at

such time as may be specified in the notice, which must be no later than

the time specifed under paragraph (g));

(d)
inform the driver of the arrangements for the resolution of disputes of

complaints available under subsection (4);

(e)
inform the driver of any discount offered for prompt payment;

(f)
specify how and to whom payment may be made;

(g)
state the time and date on which the notice was issued.’.

Redress

Mr Tom Watson

Not called  NC9

To move the following Clause:—

‘The Secretary of State shall make provision for the purpose of providing

independent redress, which is free to consumers and funded through the industry,

Public Bill Committee Proceedings: 17 May 2011
74

Protection of Freedoms Bill, continued

where the conditions specified in Clause [Signage required where parking

facilities are made available to the public] and in Clause [Ticketing of vehicles

left on land] have not been met or there are reasonable grounds for challenging

the claimed breach.’.

Trade in personal information

Mr Tom Watson

Not called  NC10

To move the following Clause:—

‘(1)
In section 52 of the Data Protection Act 1998 (Reports and codes of practice to

be laid before Parliament), after subsection (1) there is inserted—

“(1A)
The Commissioner shall lay annually before each House of Parliament a

report on the unlawful trade in confidential personal information.”.’.

Penalty

Mr Tom Watson

Not called  NC11

To move the following Clause:—

‘(1)
In section 60 of the Data Protection Act 1998 (Prosecutions and penalties)—

(a)
in subsection (2) after “section 54A” there is inserted “, section 55”, and

(b)
after subsection (2) there is inserted—

“(2A)
A person guilty of an offence under section 55 shall be liable—

(a)
on summary conviction, to imprisonment for a term not

exceeding six months or to a fine not exceeding the

statutory maximum, or to both;

(b)
on conviction on indictment, to imprisonment for a term

not exceeding two years or to a fine, or to both.”.

(2)
Omit section 77 of the Criminal Justice and Immigration Act 2008 (Power to alter

penalty for unlawfully obtaining etc. personal data).’.

Public Bill Committee Proceedings: 17 May 2011
75

Protection of Freedoms Bill, continued

Independent inquiry into use of investigating powers under RIPA

Vernon Coaker

Clive Efford

Diana Johnson

Mark Tami

Negatived on division  NC12

To move the following Clause:—

‘(1)
The Secretary of State must establish an independent inquiry into the use of

investigatory powers under the Regulation of Investigatory Powers Act 2000.

(2)
The inquiry will examine in particular the use of directed surveillance and

possible limits to its use.

(3)
The inquiry will examine possible exemptions to the Act relating to the under-age

sale of alcohol and tobacco and anti-social behaviour.

(4)
Recommendations from that enquiry shall be reported to Parliament.’.

Offence of issuing excess parking charges

Diana Johnson

Negatived on division  NC13

To move the following Clause:—

‘(1)
A person commits an offence who, without lawful authority, requires a driver or

any person in possession of a vehicle to pay parking charges in relation to a

contract to park that vehicle.

(2)
The express or implied consent (whether or not legally binding) of a person

otherwise entitled to enter into a contract regarding parking is not lawful authority

for the purposes of subsection (1).

(3)
Subsection (2) does not apply where—

(a)
the person or body attempting to enforce the parking charges is a member

of an Accredited Trade Association so accredited by the Secretary of

State, and

(b)
the penalty charge can be appealed to an independent body as set out in

section 56(2), and

(c)
the person or body attempting to enforce the parking charges takes

reasonable steps to inform the driver or keeper of the vehicle about the

right to appeal.

(4)
The Secretary of State can, by way of regulation, introduce a maximum charge,

under which parking charges would not be subject to subsection (1).

(5)
A person who is entitled to remove a vehicle cannot commit an offence under this

section in relation to that vehicle.

(6)
A person guilty of an offence under this section is liable—

(a)
on conviction on indictment, to a fine,

(b)
on summary conviction, to a fine not exceeding the statutory maximum.

Public Bill Committee Proceedings: 17 May 2011
76

Protection of Freedoms Bill, continued

(7)
In this section “motor vehicle” means a mechanically propelled vehicle or a

vehicle designed or adapted for towing by a mechanically propelled vehicle.’.

Regulated activity providers

Diana Johnson

Vernon Coaker

Clive Efford

Mark Tami

Withdrawn  NC14

To move the following Clause:—

‘After section 6 of the Safeguarding Vulnerable Groups Act 2006, insert—

“(6A)
A regulated activity provider must, in exercising their functions under

this Act, have regard to any guidance given to them for the purpose by

the Secretary of State.”’.

Independent Safeguarding Authority: sharing information

Diana Johnson

Vernon Coaker

Clive Efford

Mark Tami

Negatived on division  NC15

To move the following Clause:—

‘The Independent Safeguarding Authority has a duty to share information with

the Police where—

(a)
the information is such that the Chief Executive of the ISA feels that a

criminal investigation is appropriate, or

(b)
the information is credible and reliable and suggests that an individual

poses a real threat to vulnerable groups, or

(c)
the information has led to a person being barred, or

(d)
the information is such that it would lead to a person being barred were

the ISA to have reason to believe that the individual may work in a

regulated activity in the future.’.

Extension of the definition of an educational establishment

Diana Johnson

Negatived on division  NC17

To move the following Clause:—



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