Clause 22 - Data protection

Victims and Prisoners Bill – in a Public Bill Committee at 4:30 pm on 4 July 2023.

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Photo of Edward Argar Edward Argar The Minister of State, Ministry of Justice 4:30, 4 July 2023

I beg to move Amendment 31, in Clause 22, page 18, line 3, leave out “a disclosure or” and insert “the”.

See the explanatory statement to Amendment 34.

Photo of Stewart Hosie Stewart Hosie Shadow SNP Spokesperson (Economy)

With this it will be convenient to discuss the following:

Government amendments 32 to 34.

Clause stand part.

Photo of Edward Argar Edward Argar The Minister of State, Ministry of Justice

I shall be relatively brisk. As with the Government amendments moved earlier, these are minor, technical amendments. They relate to the provisions on data protection. We are making these amendments across the Bill to ensure that the terminology on data protection is consistent. For example, the amendments will remove superfluous words that could be confusing, as “processing” information can cover a range of activity, including “disclosure”, which is mentioned separately. These changes primarily clarify the provisions and ensure that they work as intended; they do not constitute a policy change and are not intended to have substantive effects.

Clause 22 makes it clear that where data handling is required, the appropriate data protection legislation must still be followed. Where data processing is required under part 1 of the Bill, it is predominately for performance improvement and strategic monitoring—for example, in relation to compliance with the victims code. We do not anticipate that this will require the sharing of personal data. Nevertheless, it is vital that we ensure that the necessary protections are in place so that the collecting and handling of data is done fairly, lawfully and for specified purposes, and that nothing compromises victims’ confidentiality or jeopardises their ability to consent to access services and support. We have already engaged with the UK’s Data Protection Authority during the development of these requirements and will carry out further consultation during the development of the regulations in so far as any requirements relate to the processing of personal data.

Photo of Anna McMorrin Anna McMorrin Shadow Minister (Justice)

I rise only to agree with the Minister. I have no comments to make on the Clause, because it is an important part of ensuring that the Bill works in terms of data protection.

Amendment agreed to.

Amendments made: 32, in clause 22, page 18, line 4, leave out “disclosure or”.

See the explanatory statement to Amendment 34.

Amendment 33, in clause 22, page 18, line 5, leave out “a disclosure or processing” and insert “it”.

See the explanatory statement to Amendment 34.

Amendment 34, in clause 22, page 18, line 11, leave out “has” and insert “and ‘processing’ have”.—(Edward Argar.)

This amendment and Amendments 31, 32 and 33 give “processing” of information the same meaning as in the Data Protection Act 2018. Processing includes disclosure and other uses of information, so there is no need to refer separately to disclosure.

Clause 22, as amended, ordered to stand part of the Bill.

Clause

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amendment

As a bill passes through Parliament, MPs and peers may suggest amendments - or changes - which they believe will improve the quality of the legislation.

Many hundreds of amendments are proposed by members to major bills as they pass through committee stage, report stage and third reading in both Houses of Parliament.

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clause

A parliamentary bill is divided into sections called clauses.

Printed in the margin next to each clause is a brief explanatory `side-note' giving details of what the effect of the clause will be.

During the committee stage of a bill, MPs examine these clauses in detail and may introduce new clauses of their own or table amendments to the existing clauses.

When a bill becomes an Act of Parliament, clauses become known as sections.

Minister

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Amendment

As a bill passes through Parliament, MPs and peers may suggest amendments - or changes - which they believe will improve the quality of the legislation.

Many hundreds of amendments are proposed by members to major bills as they pass through committee stage, report stage and third reading in both Houses of Parliament.

In the end only a handful of amendments will be incorporated into any bill.

The Speaker - or the chairman in the case of standing committees - has the power to select which amendments should be debated.