Data Protection Bill [HL] Contents

Chapter 3: Delegated powers

9.The Bill creates many delegated powers, including Henry VIII powers, which although subject to affirmative procedure are very broad. For example:

10.The foregoing represents a sample of some of the more extensive delegated powers in the Bill. The Delegated Powers and Regulatory Reform Committee has reported on the powers in the Bill in detail.7

11.We draw attention to the number and breadth of the delegated powers in this Bill. This is an increasingly common feature of legislation which, as we have repeatedly stated, causes considerable concern. The Government’s desire to future-proof legislation, both in light of Brexit and the rapidly changing nature of digital technologies, must be balanced against the need for Parliament to scrutinise and, where necessary, constrain executive power.

7 Delegated Powers and Regulatory Reform Committee, 6th Report (Session 2017–19, HL Paper 29)

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