Terms relating to the processing of personal data

Data Protection Bill [Lords] – in a Public Bill Committee at 10:00 am on 13th March 2018.

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Photo of Margot James Margot James The Minister of State, Department for Culture, Media and Sport 10:00 am, 13th March 2018

I beg to move amendment 1, in clause 3, page 2, line 25, leave out “personal data” and insert “information”.

This amendment and Amendment 2 enable the definition of “processing” to be used in relation to any information, not just personal data.

Photo of David Hanson David Hanson Labour, Delyn

With this it will be convenient to discuss Government amendments 2 to 6 and 69.

Photo of Margot James Margot James The Minister of State, Department for Culture, Media and Sport

These amendments make a series of minor and technical changes to clause 3, which covers terminology relating to use of personal data. I do not propose to go through each one in detail, because they are designed to improve clarity and consistency of language, and no more. Amendments 1 and 2 amend the definition of “processing” in subsection (4), by replacing the term “personal data” with “information”. This has no material impact on the use of the term “processing” in parts 2 to 7 of the Bill, where the meaning of “processing” is to be understood within the context of the applicable regime, but the amendments ensure consistency with terminology in other legislation.

Amendments 3 and 6 are linked; amendment 6 adds a new paragraph (c) to subsection (14), confirming that the terms “controller” and “processor” have the same meaning in parts 5 to 7 of the Bill as they do in parts 2 to 4 respectively, unless otherwise stated. Amendment 3 adds a cross-reference to this new paragraph in subsection (6). Again, these are both technical in nature. Amendment 4 ensures that references in parts 5 to 7 of the Bill to chapter 2 of part 2 will be read as including the applied GDPR under chapter 3 of part 2, unless stated otherwise.

Amendment 69 removes similar wording from clause 184, because amendment 4 means that it is no longer required. Finally, amendment 5 improves the phraseology relating to the processing of personal data in subsection (14)(b).

Amendment 1 agreed to.

Amendments made: 2, in clause 3, page 2, line 26, leave out “personal data, or on sets of personal data” and insert “information, or on sets of information”.

See the explanatory statement for Amendment 1.

Amendment 3, in clause 3, page 2, line 41, after “83” insert “and see also subsection (14)(c)”.

This amendment is consequential on Amendment 6.

Amendment 4, in 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;”.

This amendment makes clear that references to Chapter 2 of Part 2 in Parts 5 to 7 of the bill include that Chapter as applied by Chapter 3 of Part 2.

Amendment 5, in 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”.

This amendment is consequential on Amendment 1.

Amendment 6, in 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.”—

This amendment and amendment 3 make clear that references to controllers and processors in Parts 5 to 7 of the bill are to controllers and processors in relation to processing to which the GDPR, the applied GDPR or Part 3 or 4 of the bill applies.

Clause 3, as amended, ordered to stand part of the Bill.

Clauses 4 to 6 ordered to stand part of the Bill.

Clause 7