Clause 151
9:00 am
Frank Cook (Stockton North, Labour)
With this it will be convenient to discuss the following: amendment 373, in clause 151, page 97, line 2, 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 (13)(a), 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.’.
Amendment 106, in clause 151, page 97, leave out lines 3 to 7.
Amendment 355, in clause 151, page 97, line 42, at end insert—
‘(6A) Non-compliance with any assessment notice will be treated as a contempt of court.’.
Amendment 107, in clause 151, page 98, line 24, 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 date 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.’.
Amendment 364, in schedule 18, page 175, line 23, leave out sub-paragraph (2) and insert—
‘(2) In subsection (1) for “he may serve” to the end substitute “he may serve the data controller, or a data processor, with a notice (in this Act referred to as an ‘information notice’) requiring the data controller, or data processor, to furnish the Commissioner with specified information relating to the request or to compliance with the principles.”’.
Amendment 365, in schedule 18, page 175, line 27, after ‘(1)’, insert
‘“data processor” refers to a third party handling data on behalf of—
(a) a government department, or
(b) a public authority designated for the purpose of this section by an order made by the Secretary of State, other than an excluded body, as set out in section 41A(12);’.
New clause 20—Data controller to comply with assessment notice—
‘If a data controller fails to meet the requirements of the Information Commissioner as set out in an assessment notice, the Commissioner may apply to the county court for an order requiring the data controller to comply with the notice either in its original form or in such amended form as the court may require.’.
New clause 21—Data controller to comply with assessment notice (No. 2)—
‘If a data controller fails to meet the requirements of the Information Commissioner as set out in an assessment notice, the Commissioner may apply to the Information Tribunal for an order requiring the data controller to comply with the notice either in its original form or in such amended form as the court may require.’.
New clause 32—Removing immunity of government departments from prosecution—
‘(1) Section 63 of the Data Protection Act 1998 (application to Crown) is amended as follows.
(2) In subsection (5) for “a government department” substitute “the Crown Estate Commissioners”.’.