Data Protection Bill [HL] - Commons Amendments

Part of the debate – in the House of Lords at 3:09 pm on 14th May 2018.

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Moved by Lord Ashton of Hyde

That this House do agree with the Commons in their Amendments 1 to 28.

1: Clause 3, page 2, line 25, leave out “personal data” and insert “information”

2: Clause 3, page 2, line 26, leave out “personal data, or on sets of personal data” and insert “information, or on sets of information”

3: Clause 3, page 2, line 41, after “83” insert “and see also subsection (14)(c)”

4: Clause 3, page 3, line 27, at end insert —“(aa) references to Chapter 2 of Part 2, or to a provision of that Chapter, include that Chapter or that provision as applied by Chapter 3 of Part 2;”

5: Clause 3, page 3, line 28, leave out “processing and personal data are to processing and personal data” and insert “personal data, and the processing of personal data, are to personal data and processing”

6: Clause 3, page 3, line 29, at end insert —“(c) references to a controller or processor are to a controller or processor in relation to the processing of personal data to which Chapter 2 or 3 of Part 2, Part 3 or Part 4 applies.”

7: Clause 7, page 5, line 8, leave out “a body specified” and insert “body specified or described”

8: Clause 7, page 5, line 9, after “(2)” insert “, (2A)”

9: Clause 7, page 5, line 11, after “body”” insert “for the purposes of the GDPR”

10: Clause 7, page 5, line 12, at end insert—“(2A) The references in subsection (1)(a) and (b) to public authorities and Scottish public authorities as defined by the Freedom of Information Act 2000 and the Freedom of Information (Scotland) Act 2002 (asp 13) do not include any of the following that fall within those definitions—(a) a parish council in England;(b) a community council in Wales;(c) a community council in Scotland; (d) a parish meeting constituted under section 13 of the Local Government Act 1972;(e) a community meeting constituted under section 27 of that Act; (f) charter trustees constituted—(i) under section 246 of that Act,(ii) under Part 1 of the Local Government and Public Involvement in Health Act 2007, or(iii) by the Charter Trustees Regulations 1996 (S.I. 1996/263).”

11: Clause 7, page 5, line 13, after “specified” insert “or described”

12: Clause 8, page 5, line 29, at end insert—“( ) an activity that supports or promotes democratic engagement.”

13: Clause 14, page 8, line 4, leave out “21 days” and insert “1 month”

14: Clause 14, page 8, leave out line 10 and insert “within the period described in Article 12(3) of the GDPR—”

15: Clause 14, page 8, line 16, at end insert—“(5A) In connection with this section, a controller has the powers and obligations under Article 12 of the GDPR (transparency, procedure for extending time for acting on request, fees, manifestly unfounded or excessive requests etc) that apply in connection with Article 22 of the GDPR.”

16: Clause 15, page 8, line 31, after “21” insert “and 34”

17: Clause 15, page 8, line 34, after “21” insert “and 34”

18: Clause 17, page 10, line 16, leave out “authority” and insert “body”

19: Clause 19, page 12, line 2, leave out “(d)” and insert “(e)”

20: Clause 21, page 12, line 24, leave out “to which Part 3 (law enforcement processing) or” and insert “by a competent authority for any of the law enforcement purposes (as defined in Part 3) or processing to which”

21: Clause 25, age 15, line 40, leave out “individual” and insert “data subject”

22: Clause 30, page 19, line 4, after “specified” insert “or described”

23: Clause 30, page 19, line 10, leave out from “add” to end of line and insert “or remove a person or description of person”

24: Clause 41, page 23, line 33, leave out “an individual” and insert “a data subject”

25: Clause 42, page 24, line 29, leave out “with the day” and insert “when”

26: Clause 47, page 28, line 20, leave out second “data”

27: Clause 50, page 30, line 11, leave out “21 days” and insert “1 month”

28: Clause 50, page 30, line 17, leave out “21 days” and insert “1 month”