Data Protection Bill [HL] - Committee (3rd Day) (Continued)

Part of the debate – in the House of Lords at 5:43 pm on 13th November 2017.

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Moved by Lord Lucas

71ZA: After Clause 10, insert the following new Clause—“Regulations relating to the processing of personal data under Part 3 of the Digital Economy Act 2017(1) Subject to the following provisions of this section, the age-verification regulator under section 16 of the Digital Economy Act 2017 may publish, and revise from time to time, regulations relating to the processing of personal data for purposes of age verification under types of arrangements for making pornographic material available not prohibited by section 14 of the Digital Economy Act 2017 in order to—(a) provide appropriate protection, choice and trust in respect of personal data processed as part of any such arrangements; and(b) create any technical obligations necessary to achieve the aims set out in subsection (1)(a).(2) Once the regulator has prepared a draft of regulations it proposes to publish under subsection (1), it must submit the draft to the Secretary of State.(3) When draft regulations are submitted to the Secretary of State under subsection (2), the Secretary of State must lay those draft regulations before both Houses of Parliament.(4) If, within the period of 40 days beginning with the day on which draft regulations are laid before Parliament under subsection (3), either House resolves not to approve those draft regulations, the age-verification regulator must not publish those regulations in the form of that draft.(5) If no such resolution is made within that period, the age-verification regulator must publish the regulations in the form of the draft laid before Parliament.(6) But subsection (8) applies, instead of subsections (4) and (5), in a case falling within subsection (7).(7) The cases falling within this subsection are those where draft regulations are laid before Parliament under subsection (3) and no previous regulations have been published under subsection (1) by the age-verification regulator.(8) The regulator must not publish regulations in the form of the draft laid before Parliament unless the draft has been approved by a resolution of each House of Parliament.(9) Subsection (4) does not prevent new draft regulations from being laid before Parliament. (10) For the purposes of subsection (4)—(a) where draft regulations are laid before each House of Parliament on different days, the later day is to be taken as the day on which it was laid before both Houses, and(b) in reckoning any period of 40 days, no account is to be taken of any time during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than 4 days.(11) References in this section to regulations and draft regulations include references to revised regulations and draft revised regulations.”