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back to previous amendments
| | BARONESS MILLER OF CHILTHORNE DOMER |
| 192 | Page 88, line 6, leave out ", on the balance of probabilities," |
| | LORD LESTER OF HERNE HILL |
| | BARONESS MILLER OF CHILTHORNE DOMER |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 138 stand part of the Bill. |
| | LORD LESTER OF HERNE HILL |
| | BARONESS MILLER OF CHILTHORNE DOMER |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 139 stand part of the Bill. |
| | LORD LESTER OF HERNE HILL |
| | BARONESS MILLER OF CHILTHORNE DOMER |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 140 stand part of the Bill. |
| | LORD LESTER OF HERNE HILL |
| | BARONESS MILLER OF CHILTHORNE DOMER |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 141 stand part of the Bill. |
| | LORD LESTER OF HERNE HILL |
| | BARONESS MILLER OF CHILTHORNE DOMER |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 142 stand part of the Bill. |
| 192A | Page 92, line 45, at end insert "except where it is done for educational, academic or professional purposes" |
| 192B | Page 92, line 45, at end insert— |
| "( ) | A person is not to be regarded as having derived a benefit if the benefit is secured as remuneration for legitimate employment." |
| 192C | Page 92, line 45, at end insert— |
| "( ) | A person is not to be regarded as having derived a benefit if the benefit is secured as payment or reward for providing information to a law enforcement agency." |
| 192D | Page 93, line 2, leave out from "("B")" to end of line 3 |
| | BARONESS MILLER OF CHILTHORNE DOMER |
| 193 | Page 93, line 3, at end insert ", but A is not to be regarded as securing a benefit for B merely by supplying B without payment with information which B incorporates in a publication for sale or in any other medium from which B derives financial benefit" |
| 193ZA | Page 93, line 3, at end insert— |
| "( ) | Subsection (3) does not apply where B is a charity or body operating on behalf of victims of crime." |
| 193ZB | Page 93, line 4, leave out "whether the benefit is derived, or" |
| 193ZC | Page 93, line 10, leave out "the benefit must be derived" and insert "any agreement resulting in A having derived a benefit must have been made" |
| | LORD LESTER OF HERNE HILL |
| | BARONESS MILLER OF CHILTHORNE DOMER |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 143 stand part of the Bill. |
| | LORD LESTER OF HERNE HILL |
| | BARONESS MILLER OF CHILTHORNE DOMER |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 144 stand part of the Bill. |
| | LORD LESTER OF HERNE HILL |
| | BARONESS MILLER OF CHILTHORNE DOMER |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 145 stand part of the Bill. |
| 193ZD | Page 94, line 39, leave out subsection (2) |
| 193ZE | Page 95, line 7, leave out subsection (4) |
| | LORD LESTER OF HERNE HILL |
| | BARONESS MILLER OF CHILTHORNE DOMER |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 146 stand part of the Bill. |
| 193ZF | Page 95, line 24, leave out paragraph (b) |
| 193ZG | Page 95, line 27, leave out paragraph (c) |
| 193A | Page 95, line 44, after "23" insert ", 23A" |
| | LORD LESTER OF HERNE HILL |
| | BARONESS MILLER OF CHILTHORNE DOMER |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 147 stand part of the Bill. |
| | LORD LESTER OF HERNE HILL |
| | BARONESS MILLER OF CHILTHORNE DOMER |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 148 stand part of the Bill. |
| | LORD LESTER OF HERNE HILL |
| | BARONESS MILLER OF CHILTHORNE DOMER |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 149 stand part of the Bill. |
| | LORD LESTER OF HERNE HILL |
| | BARONESS MILLER OF CHILTHORNE DOMER |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 150 stand part of the Bill. |
| | LORD LESTER OF HERNE HILL |
| | BARONESS MILLER OF CHILTHORNE DOMER |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 151 stand part of the Bill. |
| | LORD LESTER OF HERNE HILL |
| | BARONESS MILLER OF CHILTHORNE DOMER |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 152 stand part of the Bill. |
| | LORD LESTER OF HERNE HILL |
| | BARONESS MILLER OF CHILTHORNE DOMER |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 153 stand part of the Bill. |
| | LORD LESTER OF HERNE HILL |
| | BARONESS MILLER OF CHILTHORNE DOMER |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 154 stand part of the Bill. |
| | LORD LESTER OF HERNE HILL |
| | BARONESS MILLER OF CHILTHORNE DOMER |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 155 stand part of the Bill. |
| | BARONESS MILLER OF CHILTHORNE DOMER |
| 194 | Page 102, line 20, leave out "within subsection (2)" |
| 195 | Page 102, line 24, at end insert— |
| "(1A) | If a data controller has failed to comply with an assessment notice as requires steps to be taken, the Information Commissioner may certify in writing to the court that the government department or public authority has failed to comply with that notice. |
| (1B) | For the purposes of this section, a data controller which, in purported compliance with an information notice— |
| (a) | makes a statement which it knows to be false in a material respect, or |
| (b) | recklessly makes a statement which is false in a material respect, |
| | is to be taken to have failed to comply with the notice. |
| (1C) | Where a failure to comply is certified under subsection (1A), the court may inquire into the matter and, after hearing any witness who may be produced against or on behalf of the public authority, and after hearing any statement that may be offered in defence, deal with the authority as if it had committed a contempt of court. |
| (1D) | In subsections (1A) to (1C), "the court" means the High Court or, in Scotland, the Court of Session." |
| 196 | Page 102, leave out lines 25 to 29 |
| 197 | Page 102, line 25, leave out from second "is" to end of line 29 and insert "not an excluded body" |
| | BARONESS MILLER OF CHILTHORNE DOMER |
| 198 | Page 102, leave out lines 26 to 29 and insert "not an excluded body" |
| 198A | Page 102, line 26, leave out "or" |
| | BARONESS MILLER OF CHILTHORNE DOMER |
| 199 | Page 102, line 27, leave out from "authority" to end of line 28 |
| 199A | Page 102, leave out line 29 and insert "or |
| (c) | a person of a description designated for the purposes of this section by such an order." |
| 199B | Page 103, leave out lines 20 to 46 |
| 199C | Page 103, line 48, at end insert— |
| "(11A) | Where a public authority has been designated by an order under subsection (2)(b) the Secretary of State must reconsider, at intervals of no greater than 5 years, whether it continues to be appropriate for the authority to be designated. |
| (11B) | The Secretary of State may not make an order under subsection (2)(c) which designates a description of persons unless— |
| (a) | the Commissioner has made a recommendation that the description be designated, and |
| (b) | the Secretary of State has consulted— |
| (i) | such persons as appear to the Secretary of State to represent the interests of those that meet the description; |
| (ii) | such other persons as the Secretary of State considers appropriate. |
| (11C) | The Secretary of State may not make an order under subsection (2)(c), and the Commissioner may not make a recommendation under subsection (11B)(a), unless the Secretary of State or (as the case may be) the Commissioner is satisfied that it is necessary for the description of persons in question to be designated having regard to— |
| 23 | (a) the nature and quantity of data under the control of such persons, and |
| (b) | any damage or distress which may be caused by a contravention by such persons of the data protection principles. |
| (11D) | Where a description of persons has been designated by an order under subsection (2)(c) the Secretary of State must reconsider, at intervals of no greater than 5 years, whether it continues to be necessary for the description to be designated having regard to the matters mentioned in subsection (11C)." |
| | [As an amendment to Amendment 199C] |
| 199D | Page 23, leave out "and" and insert— |
| "( ) | the public function of the data under the control of such persons, and" |
| | BARONESS MILLER OF CHILTHORNE DOMER |
| 200 | Page 103, line 48, at end insert— |
| "( ) | A county court may make a compliance order against a data controller if satisfied on application by the Commissioner that— |
| (a) | an assessment notice has been properly made against the data controller; |
| (b) | the data controller has failed without reasonable excuse to comply with the assessment notice. |
| ( ) | A person who fails to comply with a compliance order may be proceeded against for contempt of court." |
| 200A | Page 104, leave out lines 2 to 11 |
| 200B | Page 104, line 18, at end insert— |
| "41AB | Assessment notices: limitations |
| (1) | A time specified in an assessment notice under section 41A(5) in relation to a requirement must not fall, and a period so specified must not begin, before the end of the period within which an appeal can be brought against the notice, and if such an appeal is brought the requirement need not be complied with pending the determination or withdrawal of the appeal. |
| (2) | If by reason of special circumstances the Commissioner considers that it is necessary for the data controller to comply with a requirement in an assessment notice as a matter of urgency, the Commissioner may include in the notice a statement to that effect and a statement of the reasons for that conclusion; and in that event subsection (1) applies in relation to the requirement as if for the words from "within" to the end there were substituted "of 7 days beginning with the day on which the notice is served". |
| (3) | A requirement imposed by an assessment notice does not have effect in so far as compliance with it would result in the disclosure of— |
| (a) | any communication between a professional legal adviser and the adviser's client in connection with the giving of legal advice with respect to the client's obligations, liabilities or rights under this Act, or |
| (b) | any communication between a professional legal adviser and the adviser's client, or between such an adviser or the adviser's client and any other person, made in connection with or in contemplation of proceedings under or arising out of this Act (including proceedings before the Tribunal) and for the purposes of such proceedings. |
| (4) | In subsection (3) references to the client of a professional legal adviser include references to any person representing such a client. |
| (5) | Nothing in section 41A authorises the Commissioner to serve an assessment notice on— |
| (b) | a body specified in section 23(3) of the Freedom of Information Act 2000 (bodies dealing with security matters), or |
| (c) | the Office for Standards in Education, Children's Services and Skills in so far as it is a data controller in respect of information processed for the purposes of functions exercisable by Her Majesty's Chief Inspector of Eduction, Children's Services and Skills by virtue of section 5(1)(a) of the Care Standards Act 2000. |
| (6) | In this section "judge" includes — |
| (a) | a justice of the peace (or, in Northern Ireland, a lay magistrate), |
| (b) | a member of a tribunal, and |
| (c) | a clerk or other officer entitled to exercise the jurisdiction of a court or tribunal; |
| | and in this subsection "tribunal" means any tribunal in which legal proceedings may be brought." |
| 201 | Page 105, line 11, at end insert— |
| "41C | Failure by government department or public authority to comply with an assessment notice |
| (1) | If a government department or public authority has failed to comply with an assessment notice, the Commissioner may certify in writing to the court that the public authority has failed to comply with that notice. |
| (2) | Where failure to comply is certified under subsection (1), the court may inquire into the matter and, after hearing any witness who may be produced against or on behalf of the government department or the public authority, and after hearing any statement that may be offered in defence, deal with the failure to comply as if it were a contempt of court." |
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