Data Protection Bill [HL] - Commons Amendments

Part of the debate – in the House of Lords at 6:37 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 63 to 114.

63: Clause 143, page 77, line 37, after “notice”)” insert “— (a) ”

64: Clause 143, page 77, line 40, at end insert “, or(b) require any person to provide the Commissioner with information that the Commissioner reasonably requires for the purposes of—(i) investigating a suspected failure of a type described in section 148(2) or a suspected offence under this Act, or(ii) determining whether the processing of personal data is carried out by an individual in the course of a purely personal or household activity.”

65: Clause 143, page 78, line 1, after “state” insert “—(a) whether it is given under subsection (1)(a), (b)(i) or (b)(ii), and(b) ”

66: Clause 143, page 78, line 11, leave out “the rights of appeal under section 161” and insert “— (a) the consequences of failure to comply with it, and(b) the rights under sections 161 and (Applications in respect of urgent notices) (appeals etc).”

67: Clause 143, page 78, line 22, leave out “7 days” and insert “24 hours”

68: Clause 143, page 78, line 23, leave out “with the day on which” and insert “when”

69: Clause 143, page 78, line 30, at end insert—“( ) Section 3(14)(b) does not apply to the reference to the processing of personal data in subsection (1)(b).”

70: After Clause 145, insert the following new Clause—“Information orders(1) This section applies if, on an application by the Commissioner, a court is satisfied that a person has failed to comply with a requirement of an information notice.(2) The court may make an order requiring the person to provide to the Commissioner some or all of the following—(a) information referred to in the information notice;(b) other information which the court is satisfied the Commissioner requires, having regard to the statement included in the notice in accordance with section 143(2)(b).(3) The order—(a) may specify the form in which the information must be provided, (b) must specify the time at which, or the period within which, the information must be provided, and(c) may specify the place where the information must be provided.”

71: Clause 146, page 80, line 14, after “for” insert “a copy (in such form as may be requested) of”

72: Clause 146, page 80, line 15, leave out “a copy of”

73: Clause 146, page 80, line 16, leave out “a copy (in such form as may be requested) of”

74: Clause 146, page 80, line 22, at end insert—“( ) provide the Commissioner with an explanation of such documents, information, equipment or material;”

75: Clause 146, page 80, line 34, leave out “(8)” and insert “(8A)”

76: Clause 146, page 80, line 35, leave out “the rights of appeal under section 161” and insert “— (a) the consequences of failure to comply with it, and(b) the rights under sections 161 and (Applications in respect of urgent notices) (appeals etc).”

77: Clause 146, page 80, line 46, at end insert “, and( ) does not meet the conditions in subsection (8A)(a) to (d),”

78: Clause 146, page 81, line 3, leave out “with the day on which” and insert “when”

79: Clause 146, page 81, line 3, at end insert— “(8A) If an assessment notice—(a) states that, in the Commissioner’s opinion, there are reasonable grounds for suspecting that a controller or processor has failed or is failing as described in section 148(2) or that an offence under this Act has been or is being committed,(b) indicates the nature of the suspected failure or offence, (c) does not specify domestic premises,(d) states that, in the Commissioner’s opinion, it is necessary for the controller or processor to comply with a requirement in the notice in less than 7 days, and(e) gives the Commissioner’s reasons for reaching that opinion, subsections (6) and (7) do not apply.”

80: Clause 146, page 81, line 9, after “section” insert “—“domestic premises” means premises, or a part of premises, used as a dwelling;”

81: After Clause 147, insert the following new Clause—“Destroying or falsifying information and documents etc(1) This section applies where a person—(a) has been given an information notice requiring the person to provide the Commissioner with information, or(b) has been given an assessment notice requiring the person to direct the Commissioner to a document, equipment or other material or to assist the Commissioner to view information.(2) It is an offence for the person—(a) to destroy or otherwise dispose of, conceal, block or (where relevant) falsify all or part of the information, document,(b) to cause or permit the destruction, disposal, concealment, blocking or (where relevant) falsification of all or part of the information, document, equipment or material, with the intention of preventing the Commissioner from viewing, or being provided with or directed to, all or part of the information, document, equipment or material.(3) It is a defence for a person charged with an offence under subsection (2) to prove that the destruction, disposal, concealment, blocking or falsification would have occurred in the absence of the person being given the notice.”

82: Clause 148, page 82, line 15, after “GDPR” insert “or section 64 or 65 of this Act”

83: Clause 148, page 82, line 44, leave out “enforcement notices” and insert “an enforcement notice”

84: Clause 148, page 82, line 45, at end insert “, including by amending this section and sections 149 to 151,”

85: Clause 148, page 83, line 1, leave out paragraph (b) and insert—“( ) may make provision about the giving of an information notice, an assessment notice or a penalty notice, or about powers of entry and inspection, in connection with the failure, including by amending sections 143, 144, 146, 147 and 154 to 156 and Schedules 15 and 16, and”

86: Clause 149, page 83, line 22, leave out “the rights of appeal under section 161” and insert “— (a) the consequences of failure to comply with it, and(b) the rights under sections 161 and (Applications in respect of urgent notices) (appeals etc).”

87: Clause 149, page 83, line 35, leave out “7 days” and insert “24 hours”

88: Clause 149, page 83, line 36, leave out “with the day on which” and insert “when”

89: Clause 154, Page 85, line 39, leave out from the beginning to “when” and insert “Subject to subsection (3A),”

90: Clause 154, page 86, line 10, at end insert “or distress”

91: Clause 154, page 86, line 28, at end insert—“(3A) Subsections (2) and (3) do not apply in the case of a decision or determination relating to a failure described in section 148(5).”

92: Clause 157, page 88, line 28, leave out “Secretary of State” and insert “Commissioner”

93: Clause 159, page 89, line 5, at end insert—“( ) information notices,”

94: Clause 159, page 89, line 11, at end insert—“( ) In relation to information notices, the guidance must include—(a) provision specifying factors to be considered in determining the time at which, or the period within which, information is to be required to be provided;(b) provision about the circumstances in which the Commissioner would consider it appropriate to give an information notice to a person in reliance on section 143(7) (urgent cases);(c) provision about how the Commissioner will determine how to proceed if a person does not comply with an information notice.”

95: Clause 159, page 89, line 14, at end insert—“( ) provision about the circumstances in which the Commissioner would consider it appropriate to give an assessment notice in reliance on section 146(8) or (8A) (urgent cases);”

96: Clause 159, page 89, line 26, at end insert—“( ) provision about how the Commissioner will determine how to proceed if a person does not comply with an assessment notice.”

97: Clause 159, page 89, line 32, at end insert—“( ) In relation to enforcement notices, the guidance must include—(a) provision specifying factors to be considered in determining whether to give an enforcement notice to a person;(b) provision about the circumstances in which the Commissioner would consider it appropriate to give an enforcement notice to a person in reliance on section 149(8) (urgent cases);(c) provision about how the Commissioner will determine how to proceed if a person does not comply with an enforcement notice.”

98: Clause 159, page 89, line 37, leave out from “a” to end of line 38 and insert “person to make oral representations about the Commissioner’s intention to give the person a penalty notice;”

99: Clause 159, page 89, line 40, at end insert—“( ) provision about how the Commissioner will determine how to proceed if a person does not comply with a penalty notice.”

100: Clause 159, page 90, line 1, leave out “Secretary of State” and insert “Commissioner”

101: Clause 161, page 91, line 1, leave out subsection (2)

102: Clause 161, page 91, line 11, after “appeal” insert “to the Tribunal”

103: Clause 162, page 91, line 30, leave out subsection (5)

104: After Clause 162, insert the following new Clause—“Applications in respect of urgent notices(1) This section applies where an information notice, an assessment notice or an enforcement notice given to a person contains an urgency statement. (2) The person may apply to the court for either or both of the following—(a) the disapplication of the urgency statement in relation to some or all of the requirements of the notice;(b) a change to the time at which, or the period within which, a requirement of the notice must be complied with.(3) On an application under subsection (2), the court may do any of the following—(a) direct that the notice is to have effect as if it did not contain the urgency statement;(b) direct that the inclusion of the urgency statement is not to have effect in relation to a requirement of the notice;(c) vary the notice by changing the time at which, or the period within which, a requirement of the notice must be complied with;(d) vary the notice by making other changes required to give effect to a direction under paragraph (a) or (b) or in consequence of a variation under paragraph (c).(4) The decision of the court on an application under this section is final. (5) In this section, “urgency statement” means—(a) in relation to an information notice, a statement under section 143(7)(a),(b) in relation to an assessment notice, a statement under section 146(8)(a) or (8A)(d), and(c) in relation to an enforcement notice, a statement under section 149(8)(a).”

105: Clause 164, page 93, line 4, leave out “with the day on which” and insert “when”

106: Clause 168, leave out Clause 168

107: Clause 169, leave out Clause 169

108: After Clause 176, insert the following new Clause—“Guidance about how to seek redress against media organisations(1) The Commissioner must produce and publish guidance about the steps that may be taken where an individual considers that a media organisation is failing or has failed to comply with the data protection legislation.(2) In this section, “media organisation” means a body or other organisation whose activities consist of or include journalism.(3) The guidance must include provision about relevant complaints procedures, including—(a) who runs them,(b) what can be complained about, and(c) how to make a complaint.(4) For the purposes of subsection (3), relevant complaints procedures include procedures for making complaints to the Commissioner, the Office of Communications, the British Broadcasting Corporation and other persons who produce or enforce codes of practice for media organisations.(5) The guidance must also include provision about—(a) the powers available to the Commissioner in relation to a failure to comply with the data protection legislation,(b) when a claim in respect of such a failure may be made before a court and how to make such a claim,(c) alternative dispute resolution procedures,(d) the rights of bodies and other organisations to make complaints and claims on behalf of data subjects, and(e) the Commissioner’s power to provide assistance in special purpose proceedings.(6) The Commissioner—(a) may alter or replace the guidance, and(b) must publish any altered or replacement guidance.(7) The Commissioner must produce and publish the first guidance under this section before the end of the period of 1 year beginning when this Act is passed.”

109: Insert the following new Clause— “Review of processing of personal data for the purposes of journalism(1) The Commissioner must—(a) review the extent to which the processing of personal data for the purposes of journalism complied with the data protection legislation during the review period,(b) prepare a report of the review, and(c) submit the report to the Secretary of State.(2) “The review period” means the period of 4 years beginning with the day on which Chapter 2 of Part 2 of this Act comes into force.(3) The Commissioner must—(a) start the review within the period of 6 months beginning when the review period ends, and(b) submit the report to the Secretary of State before the end of the period of 18 months beginning when the Commissioner started the review.(4) The report must include consideration of the extent of compliance (as described in subsection (1)(a)) in each part of the United Kingdom.(5) The Secretary of State must—(a) lay the report before Parliament, and(b) send a copy of the report to— (i) the Scottish Ministers,(ii) the Welsh Ministers, and(iii) the Executive Office in Northern Ireland.”

110: Clause 177, page 102, line 4, for “subsection (3)” substitute “subsections (3) and (4)”

111: Clause 177, page 102, line 5, at end insert—“( ) section (Information orders) (information orders);”

112: Clause 177, page 102, line 12, after “jurisdiction” insert “conferred by the provisions listed in subsection (2)”

113: Clause 177, page 102, line 13, at end insert—“(4) In relation to an information notice which contains a statement under section 143(7), the jurisdiction conferred on a court by section (Information orders) is exercisable only by the High Court or, in Scotland, the Court of Session.(5) The jurisdiction conferred on a court by section (Applications in respect of urgent notices) (applications in respect of urgent notices) is exercisable only by the High Court or, in Scotland, the Court of Session.”

114: Clause 179, page 103, line 35, at end insert—“( ) If a draft of a statutory instrument containing regulations under section 7 would, apart from this subsection, be treated for the purposes of the standing orders of either House of Parliament as a hybrid instrument, it is to proceed in that House as if it were not such an instrument.”

Motion on Amendments 63 to 114 agreed.