UK Parliament / Open data

Data Protection Bill [HL]

Committee of the Whole House (HL) and Debate on bills on Wednesday, 15 November 2017, in the House of Lords, led by Lord Ashton of Hyde and Baroness Chisholm of Owlpen.
Lords committee stage fourth day. Clauses 15 to 114 agreed with clauses 46, 90, 92, 97 and 98 agreed to as amended. Schedules 3 to 11 agreed to as amended.

About these Parliamentary proceedings

Reference

785 cc2031-2094 

Session

2017-19

Department

Department for Digital, Culture, Media and Sport

Legislative stage

Committee stage

Chamber / Committee

House of Lords chamber

Related items

Delegated Powers and Regulatory Reform Committee sixth report.
Wednesday, 18 October 2017
Parliamentary committees
House of Lords
Data Protection Bill [HL]. Constitution Committee (HL) sixth report.
Wednesday, 25 October 2017
Parliamentary committees
House of Lords
Deposited Paper DEP2017-0720
Friday, 24 November 2017
Deposited papers
House of Lords
Deposited Paper DEP2017-0750
Monday, 4 December 2017
Deposited papers
House of Lords

Proceeding contributions

Lord Kennedy of Southwark | 785 c2031 (Link to this contribution)

Moved by

Lord Kennedy of Southwark

93A: Schedule 3, page 140, line 16, leave out “or ...

Lord Kennedy of Southwark | 785 c2032 (Link to this contribution)

My Lords, Amendment 93A in my name and that of my noble friend Lord Stevenson of Balmacara is the...


Show all contributions (100)
Baroness Chisholm of Owlpen | 785 cc2032-4 (Link to this contribution)

My Lords, the Bill sets new standards for protecting general data, in accordance with the GDPR, w...

Lord Kennedy of Southwark | 785 c2034 (Link to this contribution)

My Lords, I thank the noble Baroness, Lady Chisholm of Owlpen, for that full response to this gro...

Baroness Chisholm of Owlpen | 785 c2034 (Link to this contribution)

Moved by

Baroness Chisholm of Owlpen

94: Schedule 3, page 140, line 35, at end insert...

Baroness Chisholm of Owlpen | 785 c2034 (Link to this contribution)

Moved by

Baroness Chisholm of Owlpen

95: Schedule 3, page 142, line 43, after “1970” ...

Baroness Chisholm of Owlpen | 785 c2035 (Link to this contribution)

Moved by

Baroness Chisholm of Owlpen

96: Schedule 3, page 146, line 4, at end insert—...

Baroness Chisholm of Owlpen | 785 c2035 (Link to this contribution)

Moved by

Baroness Chisholm of Owlpen

103: Schedule 4, page 152, line 6, leave out par...

Lord Stevenson of Balmacara | 785 c2036 (Link to this contribution)

Moved by

Lord Stevenson of Balmacara

108B: Clause 15, page 9, line 14, at end insert—...

Lord Stevenson of Balmacara | 785 c2036 (Link to this contribution)

I am delighted to move Amendment 108A, which is an extremely important amendment. No, it is not—A...

Lord Stevenson of Balmacara | 785 cc2036-7 (Link to this contribution)

I thank your Lordships.

Amendment 108B would prevent regulations under this section being u...

Lord Arbuthnot of Edrom | 785 cc2037-8 (Link to this contribution)

My Lords, I hope I will not add to the troubles of the noble Lord, Lord Stevenson, when I say tha...

Lord Paddick | 785 c2038 (Link to this contribution)

My Lords, I will briefly comment on Amendment 108B. Taking up the position of the noble Lord, Lor...

Lord Ashton of Hyde | 785 cc2038-9 (Link to this contribution)

My Lords, I am thrilled that the day of the noble Lord, Lord Stevenson, has got better, and I hop...

Lord Stevenson of Balmacara | 785 c2039 (Link to this contribution)

It certainly is turning out to be my day. I am grateful to the Minister for his comments. We are ...

Lord Stevenson of Balmacara | 785 c2040 (Link to this contribution)

Moved by

Lord Stevenson of Balmacara

108C: Schedule 5, page 154, line 29, after “by” ...

Lord Stevenson of Balmacara | 785 c2040 (Link to this contribution)

My Lords, we turn to Schedule 5, which deals with an issue covered in the Data Protection Act 199...

Lord Brougham and Vaux | 785 c2040 (Link to this contribution)

If Amendment 108F is agreed to, I cannot call Amendment 109 due to pre-emption.

Baroness Chisholm of Owlpen | 785 cc2040-1 (Link to this contribution)

My Lords, I am grateful to the noble Lord for turning the attention of the Committee to the accre...

Lord Stevenson of Balmacara | 785 cc2041-2 (Link to this contribution)

I am grateful to the Minister for her response. I think I may have slightly misled the Committee:...

Baroness Chisholm of Owlpen | 785 c2042 (Link to this contribution)

As the noble Lord said, the process is new to the GDPR and not in the 1995 directive or the DPA. ...

Lord Stevenson of Balmacara | 785 c2042 (Link to this contribution)

I thank the Minister for that response. I am sure that the narrow point about the regulations can...

Lord Ashton of Hyde | 785 c2042 (Link to this contribution)

Moved by

Lord Ashton of Hyde

109: Schedule 5, page 155, line 39, at end insert “appoi...

Lord Ashton of Hyde | 785 c2042 (Link to this contribution)

Moved by

Lord Ashton of Hyde

112: Schedule 6, page 157, leave out lines 11 to 14 and ...

Lord Ashton of Hyde | 785 c2043 (Link to this contribution)

Moved by

Lord Ashton of Hyde

113: Schedule 6, page 157, line 20, leave out from begin...

Lord Stevenson of Balmacara | 785 c2043 (Link to this contribution)

Moved by

Lord Stevenson of Balmacara

113A: Schedule 6, page 157, line 25, leave out p...

Lord Stevenson of Balmacara | 785 c2043 (Link to this contribution)

My Lords, in moving Amendment 113A I will speak to Amendments 114A, 118A, 119A and 121A. Schedule...

Lord Ashton of Hyde | 785 cc2043-4 (Link to this contribution)

My Lords, it is a great pleasure to speak on these amendments, which cover the applied GDPR. Befo...

Lord Stevenson of Balmacara | 785 c2045 (Link to this contribution)

I am grateful to the Minister for that very full response. I shall read it in Hansard, because th...

Lord Ashton of Hyde | 785 c2045 (Link to this contribution)

I think it would be sensible to reply in writing, just because I want to get it right. It would b...

Lord Stevenson of Balmacara | 785 c2045 (Link to this contribution)

I thank the Minister for that offer, I look forward to a letter and I beg leave to withdraw the a...

Lord Ashton of Hyde | 785 cc2045-6 (Link to this contribution)

Moved by

Lord Ashton of Hyde

116: Schedule 6, page 158, line 38, at end insert—

Lord Ashton of Hyde | 785 c2046 (Link to this contribution)

Moved by

Lord Ashton of Hyde

120: Schedule 6, page 163, line 13, at end insert—

Lord Ashton of Hyde | 785 c2046 (Link to this contribution)

Moved by

Lord Ashton of Hyde

122: Schedule 6, page 165, line 2, at end insert—

...

Lord Kennedy of Southwark | 785 c2046 (Link to this contribution)

Moved by

Lord Kennedy of Southwark:

124A: Clause 24, page 14, line 40, at end insert ...

Lord Kennedy of Southwark | 785 cc2046-7 (Link to this contribution)

Amendment 124A, in my name and that of my noble friend Lord Stevenson of Balmacara, would amend C...

Baroness Hamwee | 785 cc2047-8 (Link to this contribution)

My Lords, from these Benches we also have some concerns about the national security and defence e...

Baroness Williams of Trafford | 785 cc2048-2052 (Link to this contribution)

My Lords, I thank all noble Lords who have spoken to these amendments on the scope of the nationa...

Baroness Hamwee | 785 cc2052-3 (Link to this contribution)

My Lords, the Minister has just proved a point that I made to a colleague who asked me whether I ...

Lord Kennedy of Southwark | 785 c2053 (Link to this contribution)

My Lords, I thank the Minister for her response, which was very detailed. It was helpful to the H...

Baroness Hamwee | 785 c2053 (Link to this contribution)

Moved by

Baroness Hamwee

124Q: Clause 28, page 17, line 27, after “Schedule 7” insert...

Baroness Hamwee | 785 cc2054-5 (Link to this contribution)

I shall speak to Amendment 124Q and to a number of amendments in this group. I start with a gener...

Lord Kennedy of Southwark | 785 c2055 (Link to this contribution)

My Lords, the noble Baroness’s clarification of these probing amendments is very helpful. As we h...

Lord Young of Cookham | 785 cc2055-7 (Link to this contribution)

The co-pilot is in charge of this leg of the legislative journey, so there may be some turbulence...

Baroness Hamwee | 785 cc2057-8 (Link to this contribution)

My Lords, to take that last point about certain areas of profiling first, obviously I did not mak...

Lord Young of Cookham | 785 c2058 (Link to this contribution)

Some in-flight refuelling has arrived. The noble Baroness made a valid point about why we had add...

Baroness Hamwee | 785 c2058 (Link to this contribution)

I am grateful for that. I beg leave to withdraw the amendment.

Lord Young of Cookham | 785 c2058 (Link to this contribution)

Moved by

Lord Young of Cookham

125: Schedule 7, page 168, line 13, leave out paragrap...

Lord Young of Cookham | 785 c2058 (Link to this contribution)

Moved by

Lord Young of Cookham

128: Schedule 7, page 169, line 4, at end insert—

<...
Baroness Hamwee | 785 c2059 (Link to this contribution)

Moved by

Baroness Hamwee

129G: Clause 32, page 19, line 17, leave out “and fair” and ...

Baroness Hamwee | 785 cc2059-2060 (Link to this contribution)

My Lords, this group of amendments is about data protection principles. Our Amendments 129G and 1...

Lord Stevenson of Balmacara | 785 cc2060-2 (Link to this contribution)

My Lords, we have a number of amendments in this group which fit very well with what has just bee...

Baroness Williams of Trafford | 785 cc2061-4 (Link to this contribution)

My Lords, as the noble Baroness, Lady Hamwee, said in her opening remarks, the amendments in this...

Lord Stevenson of Balmacara | 785 c2064 (Link to this contribution)

I am grateful to the noble Baroness for that example. I could have used scientific or historical ...

Baroness Williams of Trafford | 785 c2064 (Link to this contribution)

It may do if it pertains to law enforcement purposes, but we may be dancing on the head of a very...

Baroness Williams of Trafford | 785 cc2064-5 (Link to this contribution)

Okay, I will carry on to Amendment 133ZC, which seeks to require that further processing for law ...

Lord Stevenson of Balmacara | 785 c2065 (Link to this contribution)

I am very grateful for the late intelligence that came across on the point about withdrawal. The ...

Baroness Hamwee | 785 cc2065-6 (Link to this contribution)

My Lords, without wanting to appear ungrateful, I am very troubled some of what we have heard abo...

Lord Young of Cookham | 785 c2066 (Link to this contribution)

Moved by

Lord Young of Cookham

131: Schedule 8, page 170, line 20, at end insert “or ...

Baroness Hamwee | 785 c2067 (Link to this contribution)

Moved by

Baroness Hamwee

133ZL: Clause 42, page 24, line 12, at end insert—

“( ...

Baroness Hamwee | 785 cc2067-8 (Link to this contribution)

My Lords, Amendment 133ZL is an amendment to Clause 42. Clause 43 deals with a data subject’s rig...

Lord Kennedy of Southwark | 785 c2068 (Link to this contribution)

My Lords, the five amendments in this group are all in the name of the noble Baroness, Lady Hamwe...

Baroness Williams of Trafford | 785 cc2068-2070 (Link to this contribution)

I thank the noble Baroness, Lady Hamwee, for explaining her amendments in relation to the rights ...

Baroness Hamwee | 785 c2070 (Link to this contribution)

My Lords, the noble Lord, Lord Kennedy, need not have been apologetic: it is perfectly fair to ma...

Baroness Hamwee | 785 c2070 (Link to this contribution)

Moved by

Baroness Hamwee

133ZQ: Clause 46, page 27, line 45, leave out “(4)” and inse...

Baroness Hamwee | 785 c2070 (Link to this contribution)

Moved by

Baroness Hamwee

134A: Clause 48, page 28, line 28, leave out paragraph (b)

Baroness Hamwee | 785 cc2070-2 (Link to this contribution)

My Lords, we debated automated decision-making under Part 2 on Monday. Clause 48 provides for aut...

Lord Stevenson of Balmacara | 785 cc2072-3 (Link to this contribution)

My Lords, I support the amendments that have just been moved and spoken to by the noble Baroness,...

Baroness Williams of Trafford | 785 cc2073-5 (Link to this contribution)

My Lords, these amendments return us to the issue of automated decision-making, which we debated ...

Baroness Hamwee | 785 c2074 (Link to this contribution)

My Lords, I am grateful for the long response and for the Minister agreeing to consider Amendment...

Baroness Hamwee | 785 c2074 (Link to this contribution)

Moved by

Baroness Hamwee

137A: Clause 56, page 32, line 30, at end insert—

“( )...

Baroness Hamwee | 785 c2076 (Link to this contribution)

My Lords, Clause 56 anticipates that competent law enforcement authorities may work together, and...

Lord Young of Cookham | 785 c2076 (Link to this contribution)

My Lords, these are narrow but important amendments relating to the liability of joint controller...

Baroness Hamwee | 785 c2077 (Link to this contribution)

My Lords, I am certainly happy with the latter. I simply observe that in other walks of life when...

Baroness Hamwee | 785 c2077 (Link to this contribution)

Moved by

Baroness Hamwee

137B: Clause 59, page 34, line 13, leave out “where applicab...

Baroness Hamwee | 785 cc2077-9 (Link to this contribution)

My Lords, under Clause 59, the controller must record certain information, including, according t...

Lord Stevenson of Balmacara | 785 cc2079-2080 (Link to this contribution)

My Lords, we have one amendment in this group, and I will speak to it. It affects what appears to...

Baroness Williams of Trafford | 785 cc2080-2 (Link to this contribution)

My Lords, this quite extensive group of amendments relates to the obligations on controllers and ...

Baroness Hamwee | 785 c2082 (Link to this contribution)

Certainly. I feel that I ought perhaps to apologise to the House for the speed at which we have b...

Baroness Hamwee | 785 c2083 (Link to this contribution)

Moved by

Baroness Hamwee

137R: Clause 84, page 49, line 15, after “conditions” insert...

Baroness Hamwee | 785 cc2083-4 (Link to this contribution)

My Lords, sensitive processing requires meeting at least one condition from the menu in Schedule ...

Lord Young of Cookham | 785 cc2084-7 (Link to this contribution)

My Lords, I am grateful to the noble Baroness, Lady Hamwee, for explaining these amendments, whic...

Baroness Hamwee | 785 c2087 (Link to this contribution)

My Lords, almost all these amendments were probing, except for Amendment 138A, which is how the n...

Lord Young of Cookham | 785 c2087 (Link to this contribution)

Moved by

Lord Young of Cookham

139: Schedule 9, page 171, line 34, at end insert “or ...

Lord Young of Cookham | 785 c2087 (Link to this contribution)

Moved by

Lord Young of Cookham

140: Schedule 10, page 173, line 6, after “enactment” ...

Baroness Williams of Trafford | 785 c2088 (Link to this contribution)

Moved by

Baroness Williams of Trafford

141: Clause 90, page 51, line 9, leave out “to...

Baroness Williams of Trafford | 785 c2088 (Link to this contribution)

My Lords, government Amendments 141 and 142 to Clause 90 are technical in nature and simply ensur...

Lord Stevenson of Balmacara | 785 c2088 (Link to this contribution)

My Lords, I can be very brief. We had intended to withdraw Amendment 142A in this group but, unfo...

Baroness Hamwee | 785 cc2088-9 (Link to this contribution)

My Lords, I cannot be quite so quick but I will be fairly quick. Amendment 142B concerns Clause 9...

Baroness Williams of Trafford | 785 cc2089-2090 (Link to this contribution)

My Lords, I thank the noble Baroness, Lady Hamwee, and the noble Lord, Lord Stevenson, who negate...

Baroness Hamwee | 785 c2090 (Link to this contribution)

Before the Minister moves on, I asked whether the power would be used on a case-by-case basis, wh...

Baroness Williams of Trafford | 785 cc2090-1 (Link to this contribution)

Yes, that is the point I made.

One of the rights afforded by Part 4 is that a data subject ...

Lord Stevenson of Balmacara | 785 c2091 (Link to this contribution)

The answer to that question is that we are not happy with what the Minister said about the abilit...

Baroness Williams of Trafford | 785 c2092 (Link to this contribution)

Moved by

Baroness Williams of Trafford

142: Clause 90, page 51, line 9, at end insert...

Baroness Williams of Trafford | 785 c2092 (Link to this contribution)

Moved by

Baroness Williams of Trafford

143: Clause 92, page 53, line 18, at end inser...

Baroness Williams of Trafford | 785 c2093 (Link to this contribution)

Moved by

Baroness Williams of Trafford

147: Clause 97, page 56, line 14, at end inser...

Baroness Williams of Trafford | 785 c2093 (Link to this contribution)

Moved by

Baroness Williams of Trafford

148: Clause 98, page 56, line 38, at end inser...

Baroness Williams of Trafford | 785 c2094 (Link to this contribution)

Moved by

Baroness Williams of Trafford

149: Schedule 11, page 174, line 18, leave out...

Subjects

Data protection

Legislation

Data Protection Bill (HL) 2017-19

Link

View this Parliamentary proceeding on hansard.parliament.uk
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