UK Parliament / Open data

Data Protection Bill [HL]

My Lords, the amendments in this small group are probing in nature. Amendment 153C is in my name and that of my noble friend Lord Kennedy. Clause 119 places an obligation on the commissioner to publish and keep under review a data-sharing code of practice that would contain guidance on data sharing and good practice, as the name suggests. This is good, we talked about it in some detail in earlier sittings of the Committee and we have no problems with it. It continues a practice that we are well aware of and there are no particular issues arising from it, provided that it continues to be comprehensive and to provide the sort of advice that data controllers and data subjects will need as we go forward.

Amendment 153D raises the question of whether a 40-day approval process for codes should apply, in order to make it clear that codes under Clauses 119 and 120 are subject to parliamentary scrutiny and that the 40-day approval period would fit in with the procedures of Parliament. As I said, this is a probing amendment and I would be grateful to have the comments of the Minister in due course.

Amendment 154A concerns the statement that the commissioner will review and revise the codes regularly, or keep each code under review. There is no specification of the timescale or the frequency of that. I suspect that the answer will be that it will be as seen fit by the Information Commissioner—but if the Minister can shed some light on this, it would be helpful.

Finally, Amendment 154B draws attention to Clause 119(2), which says, at the top of page 65:

“Where a code under this section is in force, the Commissioner may prepare amendments of the code or a replacement code”.

We have already touched on this, and the procedure is not explained. I would like to confirm that, since this matter may be of interest to Parliament, it will be by the affirmative procedure. I look forward to hearing a response and I beg to move.

3.45 pm

About this proceeding contribution

Reference

787 c20 

Session

2017-19

Chamber / Committee

House of Lords chamber
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